As the world continues to strive toward mitigating the spread of COVID-19 and the United States continues to operate under this Public Health Emergency, governments and private businesses alike are working to determine the right way to protect both workers and companies from the impacts of this unprecedented pandemic. Since this pandemic is indeed unprecedented, it is inevitable that there will be longer term implications the nature and extent of which as of now even experts can only speculate to.
How will Covid-19 impact legally guaranteed workplace protections? Will regulatory response. Where is the line of responsibility for businesses in protecting their employees? With ever changing guidelines from the CDC and medical community, as of now there are definitely some daunting questions that conscientious business leaders must consider in their operational decision making. Can employers be held liable for expenses and lost wages for illnesses, even wrongful deaths related to outbreaks which were not managed effectively at that their facilities? What would constitute sufficient protection for workers to effectively manage potential outbreaks? It is indeed a perplexing time for businesses looking to make appropriate policy decisions for their people, and for their legal protection.
The government is working to determine how legal fallout from this pandemic is to be addressed, and how to implement changes which will appropriately protect people and business going forward. Recently debated relief packages include introduction of legislation which is yet to be agreed and finalized. Even with strong guidance in place, there will still inevitably be litigation to ascertain whether or not businesses implemented and adhered to reasonable policy in the event that something goes wrong. Law group Barnes and Thornburg LLP provides a “COVID-19 Related Workplace Litigation Tracker” which documents summaries of lawsuits filed in the United States in relation to the pandemic, with the intention of analyzing trends as patterns arise. The tracker is updated weekly and includes cases organized into twelve categories including Worker’s Compensation and Workplace Safety. According to analysts such as Robert Kunzie of CNN, “A ‘Tidal Wave’ of Covid-related workplace lawsuits could be on the way” and collectively we are only at the beginning.
With ever-changing guidelines and unclear lines of legal liability, the imperative for making decisions on how to manage potential outbreaks and subsequent liability seems to rest heavily upon the shoulder of the business leader. The best thing to do will always be the right thing. The right thing to do will be your decision based upon the information that you have. As a business owner, the more deliberate steps you take to protect your workforce, the better off your business will be in the long term. In the event of the worst case – an outbreak at one of your facilities, will you be able to minimize the health risks to your people and legal risks to your business with the plan you have in place now? Would your regulatory response be an embarrassing headline, resulting in damage to your brand? Working with Synnergie, we recognize that as a society we are at the beginning of what is sure to be a long road. We will help you achieve the peace of mind in knowing that your pandemic response plan will enable you to be able to detect problems early on, and implement a documented plan to ensure the highest degree of safety for your employees.
