COVAD 19 and legal issues

              I have gotten calls from clients asking what they should do regarding the COVAD 19 virus.  This virus is unprecedented in modern times and has been declared a pandemic (prevalent over a whole country or the world) by the World Health Organization.   It also raises several unresolved legal questions, such as liability for someone contracting the disease and proves it happened at you place of work, inadequate hygienic cleaning of the work site, performance on a contract that is interfered with by the illness.  On the liability, the standard is “use reasonable care” on contracts that is a case-by-care matter that depends on the language in the contract.
                SCOPE OF PROBLEM:  The United States has taken several serious steps, including restrictions on non-US residents entering the United States from the EU, Iran and China and enhanced screen for others and the OPM has given guidelines to agencies.  The District of Columbia of Columbia has declared a medical emergency and requests that people postpone or cancel gatherings of 1,000 people or more.  It should be taken seriously, but do not panic. 
                GOOD NEWS:  The actual infection rate is low for the entire population group and the death rate for those infected is 2%.  This is far below the infection and death rate for the other forms of viruses.   The disease seems to be transmitting by physical conduct or by persons sneezing etc. within six feet of another person.  On the Fairfax County web site there is a good program before the Board of Superviss by health department officials. 

                  Having said that, I recommend these actions by businesses:

1. Tell employees to frequently wash their hands with soap and water throughout the day for at least 20 seconds each time.  Consider posting a sign in the work place advising all employees, including visitors, to follow the same practice.
2. Daily clean the surfaces at the workplace and if you have cleaning services speak to them about stepping up their cleaning.
3. Healthy persons do not need masks and respirators should be reserved for medical personnel.
4. Put into a convenient place in the work place hand sanitizer having at least 60% alcohol.
5. If an employee is suspected of being sick, encourage them to contact their doctor, promptly.  If the COVAD 19 is confirmed, tell them to stay home for 14 days which is an incubation period after signs of infection are shown.
6. If you have contact with someone who tests positive for the virus, treat yourself as having the infection.
7. If possible, tell employees to telecommute from their home if they are self-quarantined.
8. Implement your business’s sick leave policy and tell the employees to use it.  If you do not have a policy or if your current policy is limited, consider expanding it.  There is no federal law that requires sick leave (although a bill was introduced on March 11, 2020) and Maryland and Virginia do not mandate it. The District of Columbia does.  After sick leave is used, the Family Medical Leave Act may, in some circumstances, provide unpaid leave.  Call us if you do not know whether you are covered.  If you have a personal leave policy, if possible, permit employees to use it.
9. Avoid unnecessary travel by employees by common carriers, airplanes, trains, etc. as the virus can be transmitted through touching a surface that was touched by a person with the illness. 
10. If you must cancel a program due to the illness that you are sponsoring, review with us what you may do. In some cases, impossibility of performance, Acts of God and force majeure clauses will permit cancellation without liability.
11. If you are a government contractor and the agency adopts a policy, follow the agency’s on-line site as to the agency’s employees.  Review you contract as to whether you can be paid if you are absent due to the illness or exposure to the illness.
    
12. Speak with your vendors if you expect an interruption in the delivery of what you need to operate[
    
13. Stay healthy!
    

 

 [JM1]