By Mike O'Brien bio Employment law continues to change rapidly with a change in federal government administration and the continuing pandemic. As manager of a medical office, it’s just one more thing to keep up with. Here are a few recent developments. New rules coming for employer wellness programs On Jan. 7, 2021, the EEOC issued proposed rules related to what incentives … [Read more...] about New rules for wellness programs & marijuana legal in more places
Workplace Safety
What do we do about employees who refuse vaccinations?
By Lynne Curry bio Question: What do we do if our employees refuse to get vaccinated? Several dozen employees have stated they don’t want the vaccine, as doctors don’t know enough about the vaccine’s long-term side effects. They point out that the Food and Drug Administration sanctioned the vaccines through an emergency use authorization procedure and rushed the vaccines … [Read more...] about What do we do about employees who refuse vaccinations?
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?
Model waiver of COVID-19 infection liability sign to post at your medical office
As long as COVID-19 remains a threat, you run the risk of being sued by clients, vendors, guests and other visitors (“visitors”) who claim they contracted the virus at your office facility as a result of your inadequate safety measures. One way to limit liability is by conspicuously posting a sign at the entry of your facility indicating visitors’ agreement to waive their … [Read more...] about Model waiver of COVID-19 infection liability sign to post at your medical office
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
“COVID captains” keep the focus on safe work practices
By Dan Scungio The year 2020 has roared to a close, and COVID-19 is unfortunately still around. We have made changes to our lives at home, in public, and at work. Healthcare workers, in particular, made several changes early on with PPE use and work practices that are still in effect today. A great deal of work had to be done early on this year to provide information to staff … [Read more...] about “COVID captains” keep the focus on safe work practices
OSHA says cloth face coverings are not “PPE”
By Mike O'Brien bio In an update to its FAQ, OSHA has stated that cloth face coverings do not constitute personal protective equipment (PPE). According to OSHA, there isn’t enough information currently available to determine if a particular cloth face covering provides sufficient protection from the coronavirus hazard to be PPE under OSHA’s standard. OSHA’s determination is … [Read more...] about OSHA says cloth face coverings are not “PPE”
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