Return to Work: Prepare for these Compliance Concerns

When employers return to work, they’ll need to be paying attention to more than just the pushback they might receive from their staff.  Return to work plans should incorporate steps to prepare for three potential compliance concerns.  MP’s HR services team shares what these are, as well as the best HR strategies to prepare for them.       

• Return to work compliance requirements: Office Postings. Employers should begin by posting and sharing (via email, intranets, or other digital methods) notices relevant to COVID.  This means FFCRA (Families First Coronavirus Response Act) leave posters (if the employer is participating in this new round of it), hygiene and handwashing posters, social distancing posters, and any other state and locally required postings.  Employers should start here for the posters they need: U.S. DOL Workplace Posters; CDC COVID-19 Print Resources.  If they have HR providers like MP, they can consult with their HR expert about what specific posters their state or industry may require them to post and share.    
    
• Keeping track of federal, local, and state return to work guidelines: Employers should be updated on all the return to work guidelines that their workplaces are subject to.  This might mean that different branches are subject to different laws and regulations because of their location.  For instance, Connecticut employers must pay for masks if they require employees to wear them.  This isn’t true in every state.  Employers should also note that laws and guidance will be changing frequently, so it’s important to keep checking back.  (Again, getting HR consulting from a provider like MP can help with this task.)  It may also help to consult with a local labor lawyer with if the employer plans on creating bigger policies, like requiring COVID vaccination.    
    
• Beware of violating ADA, GINA (Genetic Information Nondiscrimination Act), and HIPAA: Employers may want to take precautions such as taking temperatures, asking COVID screening questions, or requiring COVID testing from employees.  They may also want to encourage– or even require– vaccination.  All these actions stem from wanting to create a safe, COVID-free workplace.  However, employers need to be aware of what actions will run afoul of the ADA or HIPAA.  To meet HIPAA regulations, they should start by keeping all medical records separated and in a spot with limited access.  One example of a potential ADA compliance issue is requiring COVID testing for on-site employees.  Testing employees for COVID is fine.  However, testing employees for COVID antibodies is not fine.  Testing for antibodies is seeking medical information that isn’t job-related or a business necessity.  An example of a potential GINA infraction: employers might set up a vaccination clinic on-site or require vaccination from third-party providers (if they can make a case for it as a business necessity).  However, some of the vaccination pre-screening questions might violate GINA.  Employers will need to let their employees know they only need to provide medically relevant information in that scenario.  

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