A Message from The Brokerage on COVID-19

Although we’re not trying to stoke the pandemic fires, we thought it was important to send a quick note to share with you the actions our team at The Brokerage is taking in case our region encounters broad-based disruptions from the Coronavirus. The health of our team and the continuity of our client focused service is of paramount importance. As a result, we are enhancing our business continuity protocols to make certain we can continue to deliver uninterrupted customer service and continue to be your advocate no matter what is thrown at us.
 
Your WC Coverage:
If it was determined that one of your employees contracted the virus as a result of a work-related exposure, than your workers compensation coverage would apply. What would not be provided is the defense and indemnification (50% of an applicable permanent disability award) for allegations of Serious and Willful related to the disease. Although this is remote and would be difficult to support, an argument could be made that an employer is responsible if they failed to take “appropriate steps” to warn and encourage potentially impacted employees to stay home.
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What you should think about:
The Centers for Disease Control and Prevention (CDC) has recommended a number of strategies for employers that include:

• Actively encourage sick employees to stay home and not come to work until they are free of fever (100.4° F [37.8° C] or greater using an oral thermometer), signs of a fever, and any other symptoms for at least 24 hours, without the use of fever-reducing or other symptom-altering medicines (e.g. cough suppressants). Employees should notify their supervisor and stay home if they are sick.
• Limit non-essential travel and even then re-evaluate any travel to see if the purpose of the trip can be achieved via teleconference or web meetings.
• Ensure that your sick leave policies are flexible and consistent with public health guidance and that employees are aware of these policies.
• Do not require a healthcare provider’s note for employees who are sick with acute respiratory illness to validate their illness or to return to work, as healthcare provider offices and medical facilities may be extremely busy and not able to provide such documentation in a timely way.
• Employers should maintain flexible policies that permit employees to stay home to care for a sick family member. Employers should be aware that more employees may need to stay at home to care for sick children or other sick family members than is usual.
• Employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work or become sick during the day should be separated from other employees and be sent home immediately. Sick employees should cover their noses and mouths with a tissue when coughing or sneezing (or an elbow or shoulder if no tissue is available).
• Place postings that encourage staying home when sick, cough and sneeze etiquette, and hand hygiene at the entrance to your workplace and in other workplace areas where they are likely to be seen.
• Provide tissues and no-touch disposal receptacles for use by employees.
• Instruct employees to clean their hands often with an alcohol-based hand sanitizer that contains at least 60-95% alcohol, or wash their hands with soap and water for at least 20 seconds. Soap and water should be used preferentially if hands are visibly dirty.
• Provide soap and water and alcohol-based hand rubs in the workplace. Ensure that adequate supplies are maintained and place hand rubs in multiple locations or in conference rooms to encourage hand hygiene.
• Routinely clean all frequently touched surfaces in the workplace, such as workstations, countertops, and doorknobs. Use the cleaning agents that are usually used in these areas and follow the directions on the label.

One final recommendation is to make sure the confidentiality requirements of Americans with Disabilities Act (ADA) are adhered to when notifying other employees of possibly impacted employees. Employees exposed to a co-worker with confirmed COVID-19 should refer to CDC guidance for how to conduct a risk assessment of their potential exposure.
Thank you for allowing us to be your advocate.
 
 
The Team
THE BROKERAGE
COMMERCIAL INSURANCE SERVICES, INC.