What should employers do in light of COVID-19 and the Governor's order allowing businesses to open back up? Many employers are focused on whether they will be sued.
But why? Why not focus on health of workers and customers? Safety is the most important concern and employers should have employees commit to safety protocols (and commit to safety themselves as owners!). In the event of a suit vs. an employer that is a nonsubscriber to workers' compensation, or suit vs. a workers' compensation subscriber for gross negligence following the death of an employee, that's the first thing I'm asking for in discovery is the training materials/documents used to educate and enforce safety protocols vs. the virus.
Employers should absolutely have clear and strict standards and enforce them. They should train the employees on good procedures using CDC and other authoritative guidance. They should enforce the procedures evenhandedly, including with customers. That's how employers, employees, and customers can be protected. If they are nonsubscribers, now would be a good time to get a workers' compensation policy.
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