Be Proactive and Reduce Covid-19 Business Liability

12/15/2020 (Permalink)

You likely have workplace safety policies in place.  But you probably never contemplated the Covid-19 pandemic and the fluid, constantly changing landscape of NJ state-wide employer requirements.

Governor Murphy recently implemented Executive Order 192 to "Protect New Jersey's Workforce During the Covid Pandemic".  In short, this order requires New Jersey businesses to document the health conditions of all workers on a daily basis and to restrict access of those workers if they show symptoms.

Taken from an article found in New Jersey Business, "Being Proactive Can Reduce COVID-19 Liability", written by Joe Cavaluzzi, it takes a lot of thought to come up with workplace safety policies that address COVID-19’s threat to workers and protect a company against liability claims. 

Additionally, this article states, a change in New Jersey’s Workers’ Compensation law, which is retroactive to March 9, created the presumption that coronavirus contracted by those whose jobs expose them to COVID-19 is work-related and fully compensable. The New Jersey Business & Industry Association (NJBIA) has suggested that the law puts an added burden on companies already struggling with lost business, although labor attorneys say the new law provides protection from increased insurance premiums. 

Joe states, the best protection, however, comes from being proactive with comprehensive policies that address the safety of workers – even those working from home – and vigilance to make sure they are understood and followed. 

The key points raised by the article are:

• Setting Policies that Protect Workers and Employers - Recommending 4 Policies

  • Telecommuting Policy
  • Containment Policy
  • Health Screening Policy
  • Travel Policy

• Liability When Employees Get Sick 

  • Although state policies are fluid and change frequently, act promptly when a worker comes down with the virus. 
  • Ask workers to sign an acknowledgment form confirming compliance with COVID-19 workplace practices.
  • Document contact tracing with other employees when an employee becomes ill.

• Changes to Workers’ Comp Law 

  • Will raise concerns for workers and employers

One final note: Gov. Murphy signed S-2380 into law which creates a presumption that COVID-19 infections occurred at the workplace for certain essential employees.  This law leaves it up to the employer to prove that it didn’t.

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