Small Business Employer - COVID-19 Views

If you are not familiar with me, I own DynaGrace Enterprises. I am a Women-Owned Small Business located in a rural Utah community. We primarily do federal Government Contracting in the Information Technology (IT) space. Our employees work side-by-side with civilian and military to support their missions.

COVID-19 has brought some interesting perspectives to DynaGrace as a small employer. I want to share those perspectives.

I did not realize how important the job was to some of my employees. Some self-worth was accumulated because of their job. Not being able to go to work and serve others caused some mental health issues, including slight depression. They wanted to go back to work with people.

Then there is the mask debate. I had to ultimately implement a mandatory mask when closer than 6 feet away from the next person because they did not want to wear masks. At first, that was okay, but with increasing numbers, it only makes sense to protect not only themselves but others.

Recently, we had employees sent home to quarantine for fourteen days after being exposed to COVID-19. Thank goodness they did not contract the virus, but it made us get our COVID-19 policy together quickly. I wanted them to take the COVID-19 test to see if they were positive before returning to work. They refused because the anxiety and fear surrounding a Swiffer duster put up their nose were too much to handle. I became aware I may not legally be able to have them take the test before returning to work.

Here is information on that subject:

From the CDC:

On July 3, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance titled “SARS-CoV-2 Testing Strategy: Considerations for Non-Healthcare Workplaces.” The new guidance recommends incorporating COVID-19 testing in five scenarios: (1) testing individuals with COVID-19-related symptoms; (2) testing asymptomatic individuals with a recent known or suspected exposure to control transmission; (3) testing asymptomatic individuals without a recent known or suspected exposure for early identification in special settings; (4) testing to determine when an individual may discontinue home isolation; and (5) testing for public health surveillance.

From the EEOC:

May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace? (4/23/20)

The ADA requires that any mandatory medical test of employees be “job related and consistent with business necessity.” Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19 because an individual with the virus will pose a direct threat to the health of others. Therefore an employer may choose to administer COVID-19 testing to employees before they enter the workplace to determine if they have the virus.

Consistent with the ADA standard, employers should ensure that the tests are accurate and reliable. For example, employers may review guidance from the U.S. Food and Drug Administration about what may or may not be considered safe and accurate testing, as well as guidance from CDC or other public health authorities, and check for updates. Employers may wish to consider the incidence of false-positives or false-negatives associated with a particular test. Finally, note that accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later.

Based on guidance from medical and public health authorities, employers should still require – to the greatest extent possible – that employees observe infection control practices (such as social distancing, regular handwashing, and other measures) in the workplace to prevent transmission of COVID-19.

We then created a policy that every employee had to sign. I believe this policy may be a bit fluid for a while with all of the changes happening. Your policy for your employees should contain at least four sections, 1) General Hygiene Rules, 2) Policy for COVID-19 Prevention, 3) Policy for COVID-19 Exposure, and 4) Policy for Positive COVID-19.

I am happy to share my policy, just reach out to me.

Linda Rawson is the Founder of DynaGrace Enterprises, and the author of The Minority and Women-Owned Small Business Guide to Government Contracts: Everything You Need to Know to Get Started. She also is an Occupational Health and Safety blogger for Nanozen.