COVID-19 instances in Florida proceed to extend, significantly within the Tampa Bay space. In an effort to gradual the unfold of the virus, Hillsborough, Pasco, and Pinellas counties have enacted ordinances requiring face coverings in most indoor settings the place social distancing (of not less than six ft between individuals) can’t be maintained. The county ordinances broadly outline “face protecting,” and most material face coverings and disposable masks will suffice. The Hillsborough County and Pinellas County ordinances took impact at 5:00 p.m. on June 24, 2020, and the Pasco County ordinance turns into efficient at 5:00 p.m. on June 25, 2020.
Are Face Coverings PPE?
Though the native county ordinances consult with a face protecting as “private protecting tools,” latest steerage from the U.S. Division of Labor’s Occupational Security and Well being Administration (OSHA) states the other. The steerage contains incessantly requested questions and solutions that define the variations between material face coverings, surgical masks, and respirators. Importantly, the steerage confirms “[c]loth face coverings are usually not thought of private protecting tools (PPE) and are usually not meant for use when staff want PPE for cover towards publicity to occupational hazards. As such, OSHA’s PPE requirements don’t require employers to offer them.”
Employers might decide that carrying material face coverings presents or exacerbates a hazard for some staff and shouldn’t be worn. OSHA’s steerage offers that the place material face coverings “are usually not applicable within the work surroundings or throughout sure job duties (e.g., as a result of they might change into contaminated or exacerbate warmth sickness), employers can present PPE, corresponding to face shields and/or surgical masks.” As well as, material face coverings can’t be used rather than respirators or different PPE in any other case required by OSHA requirements.
Should Employers Develop Written Insurance policies?
The native county ordinances “strongly encourage” every employer to develop a well being and security plan requiring face coverings, adhere to Facilities for Illness Management and Prevention (CDC) pointers, and “submit the plan in a conspicuous location.” To conform, employers might wish to require face coverings in all indoor widespread or public areas and group settings, corresponding to reception areas, break areas, kitchens, restrooms, manufacturing flooring, retail shops, gross sales flooring, and replica/tools rooms. The CDC’s poster directing the usage of material face coverings might be displayed at facility entrances. Drafting a written coverage or plan and sustaining copies of postings and coaching supplies might function documentation of compliance efforts.
What Are the New Necessities? Are There Exceptions?
Hillsborough
Pasco
Pinellas
Applies to indoor companies, the place social distancing can’t be maintained
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Consists of extra stringent necessities for institutions serving meals or drink for on-site consumption
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Exempts governmental entities, hospitals and healthcare services, and emergency responders
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Requires employers to offer face coverings to staff
Encourages employers to undertake well being and security plans for COVID-19
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Reserves use of medical/surgical/N-95 masks for healthcare and emergency responders
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Acknowledges face shields as an appropriate different
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Requires companies to implement the ordinance for workers, prospects, and others
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Incorporates exceptions for sure well being circumstances and listening to impairments
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Permits municipalities to enact extra stringent necessities
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Consists of anti-retaliation provisions
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Offers for non-criminal and felony penalties, fines, and/or injunctive reduction
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Consists of enumerated affirmative defenses
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What Are Some Potential Motion Gadgets?
When drafting a plan, employers might wish to handle how face coverings might assist scale back the unfold of the virus; what is supposed by social distancing; the who, what, when, the place, and the way of carrying face coverings at work; correct use, care, and cleansing of face coverings; necessities for guests, prospects, and others within the office; learn how to request lodging; and learn how to report security and well being issues. Additional, employers might wish to think about incorporating the CDC’s steerage on washing face coverings and steerage on correctly carrying face coverings. When implementing a plan, employers can also wish to practice staff and acquire signed acknowledgments of the coaching.
As well as, employers might wish to think about learn how to handle worker refusals to put on face coverings. Worker requests for lodging as a consequence of medical or non secular causes could also be protected by federal, state, and/or native legal guidelines, together with the Individuals with Disabilities Act and Title VII of the Civil Rights Act of 1964. In some circumstances, staff could also be shielded from retaliation underneath the Occupational Security and Well being Act (and the Nationwide Labor Relations Act) once they increase well being and security issues or moderately refuse to carry out work as directed.
Employers might wish to evaluate their insurance policies to make sure they interact in an interactive course of with an worker to grasp the details surrounding the worker’s refusal and to find out whether or not an affordable lodging could be made when warranted with out an undue hardship to the enterprise. Moreover, when refusals are usually not protected, employers might wish to administer self-discipline constantly to keep away from claims of disparate remedy based mostly upon legally protected classifications.
Can Municipalities Enact Extra Necessities?
Tampa Bay–space employers might wish to change into accustomed to any native or municipal orders enacted in jurisdictions the place they conduct enterprise, as these orders might comprise further, extra stringent necessities than the county ordinances. For instance, the Metropolis of St. Petersburg has enacted Govt Order 2020-24, which requires all companies in St. Petersburg to develop written COVID-19 mitigation and contingency plans together with different measures coated within the Pinellas County ordinance. The Metropolis of Tampa has additionally enacted Govt Order 2020-27, which mirrors the Hillsborough County ordinance. Each cities are offering masks to particular person residents whereas provides final.
© 2020, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.Nationwide Legislation Evaluate, Quantity X, Quantity 179
