How Do I Prepare my Workplace for the Return to Work? Advice and Guidance from Employment Legal Experts

What does the return to work mean for you, your clients, and your workers? We've recently witnessed huge companies releasing bold statements on their future operating remotely. For example, Twitter announced that its employees will be given the option to work from home forever, and Facebook expects 50% of its employees to be working fully remotely by 2020. 

However, not all organizations will be able to fully operate remotely, so the majority of businesses have to start thinking about their workers return to the workplace and be prepared to implement vast changes to their pre-COVID-19 office life.

The road back to work is very complicated with different states releasing differing governor executive orders, however many states are following CDC’s guidelines.

To help ease your confusion, here is some best practice back to work and remote working guidelines from employment legal experts, Becker legal which we discussed in our recent webinar. 

Guidance for employers bringing employees back to the office

The below is best practice advice from Becker Legal, employment legal experts on how to prepare your workplace for the return to work.

Limit worksite meetings and groups 

You should have a policy on what kinds of meetings you can hold in the office and how many people can attend. Check your state and local guidelines and limitations on public gatherings, Becker Legal advise limiting gatherings to no more than 10 people.

Keep 6 feet apart 

Require your workers to adhere to social distancing guidelines, such as keeping a distance of 6 feet from others. This may require you to adjust your workspace and desks along with utilizing distant markings such as signage, stickers, and posters instructing workers to keep their distance. If you don’t have space within your office to keep your workers apart, you need to think of other ways to protect your workers and to ensure social distancing is adhered to. One option may involve installing physical barriers such as plexiglass.  

Stagger work start, break and stop times 

Stagger your worker's start, break and stop times to limit the number of people in the office at one time. This may involve your workers working different shifts or switching between remote working and attending the office work throughout the week. 

Restrict workers access to common areas

To ensure your workers adhere to social distancing guidelines, it is advised to limit the number of workers in common areas such as kitchens and bathrooms at one time. 

Prohibit non-essential visitors 

You should have a policy on who can visit your office and place restrictions on non-essential visitors. All visitors should wear gloves and a face mask to enter the building. It is recommended to display signage outside the office which clarifies that if these rules are not obeyed visitors will not be allowed to enter. 

Wear face coverings 

Do workers have to wear face coverings when returning to work? This is one of the most frequently asked questions which workers are asking when preparing to return to the workplace. Generally, it is best practice that workers wear face masks, these should be provided at the companies expense. However, there are certain exceptions, these include:

• A worker doesn’t have to wear a face mask if they have a medical condition that prohibits them from doing so. 

• Workers don’t have to wear a face mask if they are six feet apart from others or outside

It is important to check the state and local guidance related to the location you are operating in regarding the law around face mask usage and exemptions. 

Implement infection control practices 

Your workers must be aware of infection control practices to limit the spread of COVID-19. This includes teaching your staff handwashing best practices, coughing and sneezing etiquette, and proper tissue usage and disposal.

Limit sharing of equipment

Make sure your workers use their own office equipment such as computers, laptops, and phones rather than sharing equipment with others in the office. It is also important to disinfect the equipment after each use. This also applies to previously commonly shared office items such as mugs and cutlery. 

Provide sanitization materials

You should display hand sanitizer and sanitizing wipes in the office which is readily available for your workers to use regularly. 

Check your worker’s temperatures if necessary

New guidelines established by the EEOC allow companies to ask about medical conditions. Before the pandemic, asking these sensitive questions would have been off-limits, therefore if you have any concerns about your worker's health you may be able to ask them. Some companies might require temperatures to be taken at the entrance of a building, check your state and local guidance to see if this applies to you. 

Is there a right or wrong way to implement back to work guidelines?

Businesses should adapt and update their policies, and not just follow guidelines

You need a formal written policy on these back to work guidelines which must be effectively communicated to workers and clients either via a formal handbook, emails, posters, on your website, or a newsletter. Having a policy in place is very important as this way, no one can argue that you weren’t complying at a later date. 

I want my workers to continue working remotely, is there certain guidelines I should put in place?

If you find the back to work guidelines daunting or are feeling overwhelmed and anxious about implementing these changes, you may decide to you want your workforce to continue to work remotely. If so, Becker Legal also provided best practice guidelines and considerations for companies working remotely.

Update your policies

The lines between home and work are becoming very blurred, therefore you have to implement a clear remote working policy. You should install a discipline to make sure you and your workers are timekeeping effectively; you should know when they are working and taking mandatory work breaks. Breaks should be clearly defined and your workers should not be taking phone calls or answering emails during this time. 

You might have to reimburse some workers who are remote working 

If you're asking people to work remotely, some states require you to reimburse them for the upgraded expenses, for example, if their internet is not fast enough to work effectively remotely, you may need to upgrade their service. Some states require you to reimburse as an employer, some don't. So, if you have workers in multiple states, you may have to provide multiple treatments. Make sure you document everything in your policies. 

Provide workers with a checklist to maintain a safe working environment 

Maintaining a safe home working environment is just as important as providing your workers with a safe office. We recommend that you give your workers working remotely a checklist and encourage them to discuss any safety concerns. Check out this example remote working safety checklist. 

Overall, is it important to consider Becker Legal’s back to work best practice guidelines and check your state and local stance on returning to the workplace. To find out more information on returning to work, watch our full webinar here. 

It is also important to be prepared for specific scenarios you may be faced with when returning to work, such as if an employee becomes sick and the possibility of being sued. We discussed these scenarios and FAQ in our recent webinar.

Disclaimer: The information provided here does not, and is not intended to, constitute legal advice. Instead, the information and content available are for general informational purposes only.