COVID-19 Update: April 17, 2020

High-Risk Worker Protection

On Monday, April 13, Washington State’s Governor Inslee issued proclamation 20-43, protection for high-risk workers.

The proclamation provides older workers and those with underlying health conditions a series of rights and protections, including:

• ­The choice of an alternative work assignment, including telework, alternative or remote work locations if feasible, and social distancing measures.
• The ability to use any accrued leave or unemployment benefits if an alternative work assignment is not feasible and the employee is unable to work safely. Employers must maintain health insurance benefits, while high-risk employees are off the job.
• Employers are prohibited from permanently replacing high-risk employees.

We have inquired and are awaiting further guidance from either the Governor’s office or the OIC regarding “maintaining health insurance benefits,” including if this applies to self-insured medical plans.

The proclamation is effective until June 12, 2020 (so, benefits guaranteed until the end of June).

On-Site Temperature Checks

As discussion continues surrounding worker safety, employers are wondering how to prevent the spread of COVID-19 within their workplaces. Ordinarily, medical exams by employers are prohibited by the Americans with Disabilities Act (ADA) outside of a wellness plan. The World Health Organization declaring COVID-19 an international “pandemic” created special exceptions.

Generally, measuring an employee’s body temperature is a medical examination. Because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions, employers may measure employees’ body temperature to determine if they are allowed to attend work. However, employers should be aware that some people with COVID-19 do not have a fever or symptoms.

We have a vendor offering assistance with on-site temperature checks for employers who are currently operating through the COVID-19 pandemic and those looking for “return to work” solutions. Health professionals are staffed at entrances specified by the employer and use a no-touch thermometer to scan temperature on anyone who enters the building.

For staffing purposes, please presume a 14 calendar day lead time for implementation. The price for this service is $100 per professional, per hour, between the hours of 6:00 a.m. and 7:00 p.m. local time, with a 3-hour daily minimum. Surcharges may apply based on location and will apply if the staff is requested outside of normal hours. Connect with your Parker, Smith & Feek representative if you would like to pursue this option or learn more.

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