R ETURNING TO W ORK DURING C OVID -19 COVID-19 COVID-19 is a - - PowerPoint PPT Presentation
R ISK M ANAGEMENT R ETURNING TO W ORK D URING COVID-19 P R E S E N T E D B Y : L ILLIAN R OMERO -G OMEZ P R E S I D E N T B AKER , R OMERO & A SSOCIATES I NSURANCE B ROKERS , I NC . Focusing on the Human Side of Doing Business R ISK
P R E S E N T E D B Y:
LILLIAN ROMERO-GOMEZ
P R E S I D E N T
BAKER, ROMERO & ASSOCIATES INSURANCE BROKERS, INC.
“Focusing on the Human Side of Doing Business”
~ M a r k T w a i n
“ Fo c u s i n g o n t h e H u m a n S i d e o f D o i n g B u s i n e s s ”
COVID-19 is a respiratory disease caused by SARS-CoV-2 virus. Symptoms range from mild to severe and in some cases can be fatal. To reduce the impact of COVID-19 outbreak conditions on employees, it is important for employers to implement an effective risk management program.
“B y f ailing to prepare, you are preparing to f ail. ”
~Benjamin Franklin
“ Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s ” Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
“Will our workers’ compensation insurance policy provide coverage if an employee claims she contracted the virus while working at home?”
“Can we have employees sign a waiver and limit our responsibility if they contract COVID-19?”
“Will our General Liability policy defend our organization if we are sued because a client contracted COVID-19?”
“We are planning for a special event next year (?) Can we purchase Event Cancellation Insurance in case we have to cancel the event?”
We will be renting office space to another nonprofit because many of our employees are opting to work from home and we have vacant office space. Can we add them on to our General Liability policy?
“We want to request that older staff or staff with health issues have their temperature taken before they come into the
“We are collaborating with another organization and they have asked us to add them as additional insured since they do not carry insurance.”
“We just had a ransom cyber attack. Will our General Liability policy provide funds for the ransom?”
“We have made the painful decision to terminate a few staff due to lack of funding brought on by the pandemic, will
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s “Don't be afraid to ask questions. Don't be afraid to ask for help when you need it. I do that every day. Asking for help isn't a sign of weakness, it's a sign of strength.”
~Barack Obama
➢ The board must be kept informed and participate in
the organization's safety programs involving COVID-
guidance.
➢ A Safety Risk Culture is a shared responsibility with:
EVER ERYONE YONE NEEDS EDS TO WOR ORK TOGETHER ETHER
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
“ Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s ” Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Return to work protocols
Explanation of any screenings
Instructions on bringing new and old equipment into the office and how to disinfect appropriately.
Information on any changes in the work environment e.g. restricting access to break rooms, social distancing
Inform employees of cleaning policies to prevent the spread of COVID-19. Employees need to be educated about COVID-19 and how to protect themselves and their work environment. REMINDER: Address how many people can enter an elevator (don’t assume this is common sense.) Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
WORKPLACE:
Plans should address the level(s) of risk associated with various worksites and considerations should include:
Where and how might employees and volunteers be exposed to COVID-19
Employee’s individual risk factors (e.g. older age; chronic medical conditions, pregnancy)
How can you implement social distancing? Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
T I P S
Promote frequent handwashing Use alcohol sanitizer intermittently Encourage employees & volunteers to stay at home if they are not feeling well. Encourage respiratory etiquette, including covering coughs and sneezes Determine if employees’ temperature should be taken and assess for symptoms prior to their starting
work.
Wear a face covering. (Be aware that there are some exempt from wearing a face covering.)
Discourage employees from using other workers’ phones, desks, headsets, equipment, if possible. Clean and disinfect surfaces, tools and equipment regularly with bleach or bacterial disinfectant. Don’t shake hands when greeting others. Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Face Coverings
People if CA must wear face coverings when they are in the high-risk areas
such as public area, healthcare , public transportation, working with the public. Exempt from wearing face covering:
Persons younger that two years old.
Persons with medical condition
Persons who are hearing impaired
Persons engaged in outdoor work or recreation e.g. swimming, walking etc. Recommend that you consult with your employment attorney if you have employees that can not wear a face covering so as to develop appropriate policies and best practices to protect the workforce.
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
T I P S
Social distancing means avoiding large gatherings and maintaining distance (approx. 6 feet) from others when possible (e.g. breakrooms and cafeterias). Strategies for social distancing include:
Implementing flexible worksites (e.g., telework)
Implementing flexible work hours (e.g. staggered shifts)
Increasing physical space between employees at the worksite.
Increasing physical space between employees and customers (e.g. drive through, partitions)
Implementing flexible meetings and travel options (e.g. postpone non-essential meetings or events)
Delivering services remotely (e.g. phone, video, web, ZOOM) “ Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s ” Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Find out what precautions landlord in putting in place concerning common areas, hallways, doors and
bathrooms e.g. hand sanitizers, deep cleaning, safety signs & rules, etc.
Ask about the air-conditioning filtration system? There is CDC guidance suggesting that airflow in confined,
inside spaces can facilitate the spread of COVID, but there are many variables including the type of air conditioning system, duct system, type of filtration and number of occupants in the building.
Consider adding a HEPA Air Purifier in your office areas. “ Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s ” Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
G E N E R A L L I A B I L I T Y
may be excluded.
S P E C I A L E V E N T S:
Are volunteers included under special events liability?
D I R E C T O R S & & O F F I C E R S L I A B I L I T Y E M P L O Y M E N T P R A C T I C E L I A B I L I T Y F I D U C I A R Y C R I M E
Volunteer Dishonesty
(Phishing scams-social engineering endorsement?)
C Y B E R L I A B I L IT Y
Volunteers may be included in coverage
(cloud provider-review your agreement, most cloud providers transfer the liability risk to client.)
W O R K E R S ’ C O M P E N S A T I O N V o l u n t e e r E n d o r s e m e n t ? B U S I N E S S A U T O M O B I L E N O N
O N - O W N E D
A U T O M O B I L E P R O F E S S I O N A L L I A B I L I T Y A B U S E & M O L E S T A T I O N A r e v o l u n t e e r s c o v e r e d ?
A r e v o l u n t e e r s i n s u r e d u n d e r a u t o p o l i c y ?
CAUTIO
ION:
: BECAU
AUSE OF OF COVI
VID-19, 9, THERE MAY BE
BE A REDUCTION CTION IN IN LIMITS TS ON ON CERTAIN AIN LINES OF OF INSURAN ANCE CE
New changes have been enacted in CA allowing employees to be covered under workers compensation if they contract COVID-19. The new executive order states that employees who contract COVID-19 will automatically be “presumed” to be work related without the employee having to provide any further proof.
WHAT SHOULD EMPLOYERS DO?
Closely follow CDC and OSHA guidance for minimizing
Update your INJURY AND ILLNESS PREVENTION PROGRAM (IIPP) Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
INJURY AND ILLNESS PREVENTION PROGRAM-(IIPP)
IIPP is a workplace safety program created to identify, address and record workplace hazards. California requires every employer to establish an IIPP. Employers with 10 or more employees must have an IIPP in writing. RECOMMEND: Add COVID - 19 addendum to specifically address COVID related safety issues. WARNING: Employers who don’t follow the law expose themselves to penalties and Cal/OSHA
Violations.
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Can employers require employees to travel? Can employers terminate employees that refuse to come back to work or insist on working from home? Can telecommuting create challenges in accurately tracking hours worked. What risks are created from decisions about layoff, furlough and reduction in hours? How should employers handle employee quarantine cases with respect to employment and health-related
privacy?
How will COVID-19 absences affect employees wages, and does that create an exposure for employers?
These questions require the advice of counsel. Employment law tends to be fact-specific, and HR professionals should consult with an employment attorney. Covid-19 may give rise to employment litigation. Make sure to review your insurance policy as there is no “standard” EPLI policy. Several EPLI Insurance carriers provide free pre-claim legal advice from employment counsel free of charge.
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
T I P S
Due to pandemic there are currently many restrictions on having events. Special Event Liability policies may exclude liability coverage for Covid-19. Discuss the use of waivers / hold harmless agreements with your attorney. Cancellation Event Policies may not include coverage for cancellation due to COVID-19. Trends for fundraising have moved toward social media. When Special Events do begin to open us, follow CDC guidelines. The size of the event should be determined
based on state and local regulations.
BOTTOM LINE: When planning events in the future, implement strategies that mitigate the spread of COVID-
19 and protect your organization.
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Volunteer Accident Insurance is usually excess over health insurance plans and covers a volunteers’ injuries per the terms of the policy. Sickness (COVID -19) is not be covered under most accident policies.
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
➢ The chaos caused by the Coronavirus outbreak may facilitate and
increase cyber crime in years to come.
➢ Implement and review a strong Cyber Risk Policy . ➢ H I S T O R Y O F A L L D A T A B R E A C H E S I N T H E U . S .
w w w . p r i v a c y r i g h t s . o r g / d a t a - b r e a c h Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
want to continue working from home after the pandemic ends.
will be challenging for organizations to protect systems and employees from hackers.
injuries at home
D O N
O N’ T A S S UM E T H A T Y O U R “ C L O UD P R O V ID ER” W I L L A C C E PT L I A B I L IT Y. C H E CK Y O U R C O N T R A C T.
at access cess, , trainin ining and d contr ntrol
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loyees workin king g remote tely y bein ing g train ained on cyber er safety? fety?
en are empl ployee
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Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
wrongful act!
Put it in writing
ting – A Memorandum of Understanding outlines expectations, responsibilities and who will be responsible if something goes wrong.
Does the collaboration obtain an indemni
emnific ficatio ation claus use e ? Have your attorney review all MOU’s.
Does the agreement require insurance coverage at a specified limit? Additional Insureds?
“ Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s ” Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
➢ Social Distancing ➢ Face masks ➢ Employee Screening ➢ Concerts & Special Events will not be possible for a while. ➢ Restaurants Take Out or possibly outdoor seating ➢ Classrooms and conference rooms will be reconfigured to help with
physical distancing.
➢ Offices and equipment, will be deep-cleaned regularly ➢ Prepare for a potential SECOND WAVE this fall(?) ➢ Working Remotely will continue for some time.
Work with your employment attorney and HR professional to make sure your organization complies with State and Federal regulations.
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
OSHA- G U I D ANC E ON P REPARI NG W ORKPLAC ES FOR COVID - 1 9 HTTPS://W W W .OSHA.GOV/PUB LICATIONS/OSHA3 990. PD F S AFET Y R ES OU RC ES
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H T T P:/ / W W W. D OL. GOV/ AGENC I ES/ W H D/ PA ND E MI C
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
~ A n t h o n y S F a u c i .
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
Disclaimer: This presentation is for informational purposes only. This presentation is not intended to provide any legal advice or opinion with regard to insurance coverage or lack thereof as relates to the Coronavirus.
EES
AND W EBINARS
Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s
750 Terra rado do Plaza, , Suite e 238, Covina na, CA 9 91723 P: 626 332 2258 x102 F: 626 339 9921 l i l l i a n @ b a k e r r o m e r o . c o m www.ba bakerr rrom
ro.com
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Fo c u s i n g o n t h e H u m a n Si d e o f D o i n g B u s i n e s s