Monthly Compliance Calendar Alert – Keep Your Company Compliant in July: COVID-19 Return to Work Safety and Workers’ Compensation

COVID-19/Coronavirus, Employee Benefits, Employee Management, Federal Updates, Forms and Policies, State & Federal Employment Law Updates / By
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If you’re in HR, you’re no stranger to compliance management, forms, and deadlines—though keeping them all in order may be a different story. We want to be sure you’re equipped with the right information to keep everything on track throughout the year, from ACA to FLSA.

That’s why we put together the HR compliance calendar, to bring you an important list of dates and deadlines you need to know to keep your workplace on track.

In this month’s compliance calendar, you’ll find the key topics to keep your Company up-to-date including employee awareness and required or recommended training.

Holidays

Independence Day – July 4th observed on Friday, July 3rd.

Important Dates and Deadlines for this Month

N/A

Topics to Discuss and/or Review

  • Review return to work and COVID-19 Safety compliance. For clients with access to the Forms Library, references to this section can be found in the folder “CORONAVIRUS” in the subfolders, “Returning to Work” and “Safety – Communicable Diseases, Social Distancing, Safety Precautions etc.”
    • Watch Guardian HR’s “COVID-19 Safety Guidelines Webinar” See: Recorded Webinar: COVID-19 Employer Safety Guidelines
    • Check what is required for compliance with OSHA. See: https://www.osha.gov/SLTC/covid-19/, OSHA’s Guidance on Returning to Work and Guidance on Preparing Workplaces for COVID-19(Spanish).
    • Is illness and Injury Prevention Program required?
    • Does the Company have a communicable disease or infectious disease policy?
    • Navigate managing employee safety concerns
    • Conduct COVID-19 Safety Training. For clients with access to the Employee Training, references to this section can be found using your login credentials on https://guardian-hr.com/in the Membership Services box by clicking the “My Training Courses” link, select the “View More” button and scroll to the  “COVID-19: Navigating Employee Issues” and “COVID-19 Workplace Safety for Employees”
    • Is remote work available? For clients with access to the Forms Library, references to this section can be found in the folder “CORONAVIRUS” in the “Telecommuting & Working Remotely” subfolder.
    • Consider discrimination and accommodation concerns. For clients with access to the Forms Library, references to this section can be found in the folder “CORONAVIRUS”
    • Review best practices for a reasonably safe work environment.
    • Continue social distancing; cancel in-person meetings and interviews; provide employees with masks or face coverings; establish routine COVID-19 cleaning and disinfecting procedures; set up contactless drop zones for deliveries, prohibit any nonessential visitors until further notice; shut down unnecessary high touch surfaces like vending machines, silverware in breakrooms; ensure proper ventilation, open windows to let in more outdoor air; issue daily screening questionnaires; conduct temperature checks; require testing upon return to work.
    • How do I best protect the public within my business premises?
    • If public business, reduce amount of customers/clients you serve at one time; install barriers between employees and customers when 6’ social distancing cannot be maintained; double down on disinfectant – make sure EPA approved, appropriate handwashing, minimize things to disinfect; get down to bare necessities.
  • Review how to handle a positive test or possible exposure to employees or individuals visiting the workplace. For clients with access to the Forms Library, references to this section can be found in the folder “CORONAVIRUS” specific documents, “Confirmed Positive COVID-19 Test – 10 Steps for Employers”, “Response to Positive Coronavirus Test Checklist”, “Possible Employee Exposure to COVID-19 Letter”, “Return to Work after COVID-19 Symptoms Exposure”, “Sample Letter – Employee Testing Positive for COVID-19”
    • Send employees home to quarantine for the incubation period of 14 days that have been diagnosed positive with COVID-19 or those who are suspected to have COVID-19 (experiencing symptoms or have been in contact with someone that has COVID-19).
    • Before the employee departs, ask them to identify all individuals who worked in close proximity (three to six feet) with them in the previous 14 days to ensure you have a full list of those who should be sent home. When sending the employees home, do not identify by name the infected employee or you could risk a violation of confidentiality laws.
    • Notify individuals visitors, and vendors and instruct only those individuals who came into contact with the sick employee within the 14-day period to go home and self-isolate for 14 days or get tested.
    • You may also want to consider asking a cleaning company to undertake a deep cleaning of your affected workspaces. If you work in a shared office building or area, you should inform building management so they can take whatever precautions they deem necessary.
    • Check FFCRA paid sick leave eligibility
  • Review Process of Remediation. For clients with access to the Forms Library, references to this section can be found in the folder “ Workers Compensation.”
    • How does the Company follow-up with Workers’ Compensation Cases?
    • Does the Company provide any additional safety training following work-related accidents, injuries, or illnesses?
    • Review the effectiveness of Return-to-Work programs. (CA employers see: Return-to-Work programs)
  • Review/update any Workers’ Compensation forms and ensure compliance with applicable HIPAA laws regarding employees’ privacy. For clients with access to the Forms Library, references to this section can be found in the folder “ Workers Compensation” and “HIPAA.”
    • Check federal, state, or local law requirements.
    • Review Claim Forms or Refusal of Medical Treatment form, Medical Release, and disclosure forms.
    • Make sure all employees’ medical information or files are securely stored separate from the employee’s personnel file.
    • Provide appropriate HIPAA training if necessary.

More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7.

Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators and/or your ERISA and tax advisors for further guidance.

For the most current information on certain tax-related or benefit-related documents or forms provided by the IRS, or other sources, please check with a tax professional, benefit professional and/or the correlating websites (i.e. irs.gov/LatestForms, etc.).

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