Isolate, Investigate, Decontaminate: The Three Employer Must-Dos, Even Amidst Constant Guideline Changes
Legally Speaking by Nadia A. Lampton - Taft/Law
(UPDATED)
Many Ohioans have stopped tracking all of the guideline and policy changes
associated with COVID-19. We have grown accustomed to the uncertainty. No gatherings
over ten people, unless the gathering is a peaceful protest. Always wear a mask, except
for when it is not required. Maintain social distancing at all times, except when it is
unreasonable to do so. Quarantine when you travel to Texas and Florida, but not New
York or Michigan. Quarantine if you had direct contact with someone who tested positive
for COVID-19, unless you are not required to quarantine.
The rules and the guidelines seem to be constantly changing. This has led to
many employers questioning exactly what they are supposed to do when faced with the
inevitable – an employee tests positive for COVID-19. Although the guidelines from CDC
and the Ohio Department of Health seem to change frequently, there are three actions all
employers must immediately implement upon learning of a positive case in the workplace.
1. Isolate
Immediately upon learning of a positive case of COVID-19 in the workplace, or a
direct exposure, the Employer should immediately isolate the individual. In all likelihood,
an employee who underwent testing would be quarantining while awaiting test results;
however, if the Employer finds itself in the situation where an employee learns while at
work of a positive test result or that he or she was directly exposed to someone who
tested positive, then the Employer needs to immediately isolate that employee and send
him/her home to quarantine. Likewise, if an employer learns that a customer, vendor, or
other invitee tested positive, the Employer should isolate any employee who came in
contact with the infected individual.
With respect to the length of quarantine/isolation following a positive test, the
length of quarantine depends on whether the employee is symptomatic or asymptomatic:
•
If the employee has symptoms, then he/she can return to work 10 days after they
first had symptoms
AND after they have been fever free for at least 24 hours
(without use of fever-reducing medications)
AND other symptoms of COVID are
improving.
Note: the symptomatic employee should be fever free for a least 24 hours and any
other symptoms of COVID should be improving, but it is not necessary that the
individual be entirely symptom-free before returning to work. This is because some
symptoms (such as loss of taste/smell) may persist for weeks or months after the
positive test and recovery.
•
If the employee has NO symptoms, then he/she can return to work 10 days after
the date of their first positive COVID test.
2. Investigate
After the employee has been isolated away from other employees, the Employer
should investigate to identify potentially exposed individuals and locations within the
workplace where the infected employee or invitee traversed or worked. If the infected
employee/invitee is able to talk via phone, he/she should be able to provide the Employer
with most of this information. Employers should also speak with supervisors who may
have this knowledge. Ultimately, the Employer wants to identify all places and people
who could potentially have been exposed to the virus. Specifically, Employers must
identify those who were in “close contact” with the infected individual.
According to the CDC, “close contact” means being “within 6 feet of an infected
person for a cumulative total of 15 minutes or more over a 24-hour period starting from 2
days before illness onset (or, for asymptomatic individuals, 2 days prior to test specimen
collection) until the time the patient is isolated.” Keep in mind that this is cumulative. In
other words, multiple brief interactions throughout the day with the infected person could
trigger a “close contact” finding. The Employer will want to identify any employees in the
workplace who had “close contact” with the infected individual, beginning 2 days before
illness onset, or if the infected individual is asymptomatic then 2 days before he/she took
the test. Those “close contact” individuals will need to quarantine for 14 days after their
last contact with the infected employee.
The Employer should immediately report any suspected infections or exposures to
the local health department. The local health department may offer guidance and direction
on any and all needs to quarantine based on the exposure type and length for each
impacted person.
3. Decontaminate
After the Employer isolates the infected individual and investigates to determine
the identity of other individuals and workplace locations impacted by the exposure, it
needs to professionally deep clean and sanitize the worksite locations impacted by the
infected employee. This decontamination effort is above and beyond the daily cleaning
and sanitizing that should be occurring throughout the workplace and workday.
In most cases, the Employer does not need to shut down its facility. But, you will
want to close off any areas used for a prolonged period of time by the infected person.
Wait 24 hours, and then clean and disinfect the area. If 24 hours is not feasible, wait as
long as possible. The Employer should follow the CDC cleaning and disinfection
recommendations to the extent possible. Those recommendations can be reviewed in full
here . For now, here is the summary:
• Clean dirty surfaces with soap/water before disinfecting them;
• To disinfect, use products that meet EPA criteria for use against COVID-19,
available
here ;
• Follow the product instructions for safe and effective use; and
• Consider the use of PPE depending on the setting and disinfectant being used.
In summary, the rules related to workplace shut downs, quarantining, and other
return to work guidelines continue to change, which creates compliance challenges for
employers. However, even amidst the changing guidelines, Employers should be
prepared to immediately implement the above three steps upon learning of a positive
case of COVID-19 in the workplace. After isolating, investigating, and decontaminating,
Employers should consult legal counsel to determine what, if any, additional steps are
required based on the current local, state, and federal guidelines.
While the above guidance will assist employers in dealing with these complicated
issues, please be reminded that this is an overview of developing legal issues and is not
intended to be and should not be construed as legal advice. For more specific
information, contact Nadia A. Lampton at (937) 641-2055.