Pub. 5 Issue 3

28 Issue 1 2020 Auto dealers often must draw the line: in court, with employees and unions, and with competitors. As one of the largest labor and employment firms, Fisher Phillips has the experience and tenacity to help you get the results you need. That’s why some of the savviest employers come to us to handle their toughest workplace issues. FISHER PHILLIPS. WHEN YOU HAVE TO DRAW A LINE IN THE SAND. 444 South Flower Street • Suite 1500 • Los Angeles, CA 90071 213.330.4500 • fisherphillips.com or COVID-19. The EEOCalso has said you can legally take an employee’s temperature, but keep inmind that the employeemight be asymptomatic. Taking their temperature is only going to help you if they have a fever, though, so a normal temperature doesn’t guarantee the employee is healthy. Taking a temperature also puts the person with the thermometer in danger. You should eliminate or mitigate any risk by using the same precautions listed on OSHA’s website. The link is listed in the bullet list above. If you are in California or do business in California, and your company is subject to the California Consumer Privacy Act, give employees a CCPA-compliant notice no later than when you collect any medical information, including a temperature. What should you do i f an employee has tested positive for COVID-19? That employee needs to go home. Be- fore they leave, ask them to list everyone who has been within a six-foot radius of them for more than a few minutes in the last 14 days. Those people should go home, too, but do not identify the employee who tested positive. That violates confidentiality laws. Tell the building’s management what has happened so they can take precautions. Employeeswhoworked close to the infected employee can self-monitor themselves for the symptoms. How long do the employees who worked near an infected employee need to stay home? They should follow the advice of their medical providers or the public health de- partment. If that isn’t possible, then they should stay home for three days if they don’t have a fever and haven’t taken anything to prevent a fever. If they feel sick, they should stay home for at least oneweek after they’ve experienced symptoms. They should not come back to work until they’ve been without any fever for three days. Taking medication to control a fever doesn’t count. In non-healthcare related businesses, what about cleaning the work area after someone has been diagnosed with CO- VID-19? Close off the area where the infected person was, but open outside windows and doors to improve air circulation through the area. The idea is to prevent someone from getting sick by cleaning and disinfect- ing while the virus is still active. Wait up to 24 hours. When you start cleaning, focus on frequently touched surfaces. Include all commonareas thatwere usedby the person, including kitchens and bathrooms. To clean dirty surfaces, use detergent soap and water. To disinfect, most house- hold disinfectants that are registered with theEPAshouldwork. Followthe directions, especially if themanufacturer has other pro- tective measures on the product label. You  COVID-19 — continued on page 29