CDC Releases Guidance on Reopening

The Center for Disease Control (CDC) has released a 60 page guidance document (“Guidelines”) outlining the reopening of states. The Guidelines outline a three phase approach.  When moving to a new phase the CDC uses six indicators: decreases in new Covid-19 cases, decreases in emergency room visits, decreases in outpatient visits for Covid-like illnesses, decrease in percentage of positive Covid tests, reduction of crisis care, and robust testing programs, to guide when to move to each phase.  The Guidelines (page 18)  also link to additional industry specific and small business recommendations the CDC has released during the COVID crisis.

While the Guidelines are simply dated “May 2020” it appears they were released after many cities and states had already began their phased reopenings.  The Coronavirus pandemic presents unchartered waters in liability for businesses as employees and customers will likely continue to pursue litigation following an infection.  As such, businesses will be well served to closely review these guidelines and implement re-entry to the work force in accordance with the suggestions. These Guidelines in many cases are more stringent than many state plans and the Trump Administration’s suggestions. 

As you contemplate reopening and/or bringing staff back on site, the firm can help with return to work planning. Businesses should be reviewing, drafting, and implementing new in-office policies including sick and leave policies, benefit concerns, protective gear policies, requirements of vendors and visitors to your office, and ensuring your policies are compliant with land lord requirements.  Additionally, with staff resuming work, plan ahead for accommodations under the ADA, FMLA, and other applicable laws if staff makes you aware of concerns with returning, or that they are part of the high risk population.  As questions arise, the most successful businesses will be those that have a documented plan in place demonstrating the actions it took to safeguard everyone’s health.