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Steps to take when responding to employee's COVID-19 diagnosis

April 2020 employment law letter
Authors: 
Jennifer Aaron Hataway and David Johnson, Butler Snow LLP

As the number of individuals being tested and diagnosed with COVID-19 continues to increase, the likelihood an employee will report a confirmed diagnosis also increases. Employers should take steps now to understand COVID-19 so they can respond appropriately to an employee's diagnosis.

Arm yourself with knowledge

It's important to know how COVID-19 is transmitted, the probability of transmissions and complications, and the duration of the risks, all of which is evolving. You should seek the most up-to-date information about the virus through sources such as the publications and guidance materials issued by Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and state and local health departments.

For example, OSHA recently issued "Guidance on Preparing Workplaces for COVID-19," which divides employers into four risk categories and provides recommendations on engineering controls, administrative controls, and personal protective equipment to reduce employee risk of exposure to COVID-19.

Prepare your supervisors

Also, you should recognize that supervisors are the most likely persons to receive reports of an employee's COVID-19 diagnosis or potential infection. An informed and trained supervisory staff can greatly assist your response to COVID-19.

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