10 Critical "To-Do's" If Your Business Is Open

Pandemic Protection Ideas for Small Business Owners

Here are 10 critical legal considerations that affect most businesses that are having employees come into contact with customers (I'm looking at you restaurants, contractors, and healthcare professionals!):


1. Identify the OSHA PPE and workplace disinfection requirements, as well as, state laws that can cause you liability for getting employees or customers sick. I've compiled a starting point of free resources at www.savemysmallbiz.com/stillworking.

2. You should be screening employees for symptoms of COVID-19 (as well as other sicknesses), so they don't bring their sickness into your workplace.

3. You should get consents from employees to allow the screening and waivers from them to hold you harmless should they get sick because they choose to work. 

4. You should add language within your ordering or billing process so customers acknowledge that interactions with your employees might get them sick and that they are assuming the risk.

5. Create a "Disinfection Schedule" that tracks the dates and times that you are cleaning your workplace. Have a manager or yourself verify that the schedule is being followed and filled out.

6. Train your employees to practice social distancing and utilize PPE. Have them sign a document stating that they have been trained and agree to abide by your training procedures.

7. Put up the new Families First Coronavirus Response Act ("FFCRA") poster. The poster can be found at the US Dept of Labor website.

8. Determine whether your business is affected by the FFCRA's expanded paid sick, medical, and family leave act. If you are, you will also need to determine whether you can fit into the exemption definition - as in paying for employees to take a leave under the FFCRA would make your business "no longer viable."

9. Never let your employees be seen, photographed, or talked about online as not using gloves or masks. This can lead to people staying away from your business because they don't think you have their safety in mind.

10. Identify your requirements under state and federal laws about terminating employees on sick, medical, or family leave. You won't want to make a mistake on this one as the likelihood of a lawsuit or bad public relations could bite you hard.
  

Work through this checklist as best you can.

Should you feel overwhelmed or need assistance, please reach out.

(208) 917-9707

dominic@excellegalpartners.com

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