As long as COVID-19 remains a threat, you run the risk of being sued by patients, vendors, guests and other visitors (“visitors”) who claim they contracted the virus at your office as a result of your inadequate safety measures. One way to limit liability is having visitors sign a form agreeing to waive their rights to sue you for COVID-19 infections before entering the office. … [Read more...] about Model visitors’ waiver of COVID-19 infection liability form
Risk management
Has OSHA done enough to enforce COVID-19 safety rules for medical offices?
Even after the election and swearing in of the new President, federal government response to the COVID-19 pandemic remains a politically charged issue. One area of contention involves whether OSHA has done enough to protect healthcare workers and other workers exposed to the virus. On Jan. 8, the agency issued a statistical report documenting its COVID-19 enforcement efforts … [Read more...] about Has OSHA done enough to enforce COVID-19 safety rules for medical offices?
EEOC issues COVID-19 vaccine guidance
By Mike O'Brien bio On Dec. 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance to include a section devoted to vaccinations. The EEOC’s guidance answers these and other COVID-19 vaccine questions: “Is asking or requiring an employee to show proof of receipt of a COVID-19 vaccination a disability-related inquiry?” “If an employer … [Read more...] about EEOC issues COVID-19 vaccine guidance
Using waivers to avoid getting sued for COVID-19 infections
PLEASE READ NOTICE TO ALL ENTRANTS AND USERS OF THESE FACILITIES EXCLUSION OF LIABILITY – ASSUMPTION OF RISK THESE CONDITIONS WILL AFFECT YOUR LEGAL RIGHTS INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOR AN INJURY OR ILLNESS In these times of pandemic, signs and forms like this purporting to shield the owner of a facility against liability have become a fixture in … [Read more...] about Using waivers to avoid getting sued for COVID-19 infections
Can we use a contact tracing app to protect our business and employees?
By Lynne Curry bio Question: Every morning we conduct wellness checks on our employees as they arrive at work, but worry that some employees don’t monitor physical distancing when not at work. We’re barely hanging on as a practice, but all it would take is one employee getting COVID and infecting our other employees to shut us down. We have heard apps can provide real-time … [Read more...] about Can we use a contact tracing app to protect our business and employees?
Do employers owe employees paid sick leave when they self-quarantine?
By Lynne Curry bio Question: After I spent a weekend bar hopping, I felt remorseful, and self-quarantined so I wouldn’t bring COVID into my workplace and make others ill. I also took a COVID test and luckily tested negative. Since my employer had moved everyone back on-site, I couldn’t work remotely and labeled my time off as sick leave. I just got my paycheck and apparently … [Read more...] about Do employers owe employees paid sick leave when they self-quarantine?
How to Create a Legally Sound Substance Abuse Policy
Bottom Line on Top: Make it all about fitness for duty, rather than zero tolerance Although it may sound good, zero tolerance may not be the best foundation on which to build a legally enforceable workplace substance abuse policy. This is especially true in states that have legalized recreational marijuana. The reason drug and alcohol use and impairment in the workplace cannot … [Read more...] about How to Create a Legally Sound Substance Abuse Policy
How to create a legally sound COVID-19 medical screening policy
As essential workplaces, medical offices need to remain open and operating during the pandemic. At the same time, they need to ensure that employees practice social distancing and keep the infected and potentially infected away from the well. Like so many other companies facing the same challenge, you may be considering medically screening your employees each day before … [Read more...] about How to create a legally sound COVID-19 medical screening policy
5 questions on the virus and your medical office
By Lynne Curry bio 1 Pushback from employees who choose to stay on unemployment Question: We didn’t expect the pushback we got from two of our furloughed employees when we called them back to work, particularly as we allow employees to work from home part of the workweek if their work can be accomplished remotely. One ignored two “return to work” emails but responded to a … [Read more...] about 5 questions on the virus and your medical office
Office’s duty to protect returning employees from COVID-19 discrimination and harassment
SITUATION Fully recovered from his bout with COVID-19, Max is thrilled and excited to return to his custodian job after 14 days of mandatory home isolation. But almost immediately, he senses that something is wrong. His co-workers shun him and leave the room the moment he enters. And, while hygiene and handwashing are de rigueur for all maintenance staff, Max alone is required … [Read more...] about Office’s duty to protect returning employees from COVID-19 discrimination and harassment