ABODE August 2020

WHAT TO DO IF AN EMPLOYEE TESTS POSITIVE What should you do when an employee is not feeling well? What actions should you take if the employee tests positive? Who should you tell?

IN EARY JUNE, Harris County announced a color-coded, numbered system to inform residents regarding the current level of risk from COVID-19 and of the actions the county strongly urges residents to take to stay healthy, save lives and ensure our local economy recovers in a way that is sustainable over the long term. The threat level system identifies four levels.

The initial threat level was level 2 (orange). Level 2 is identified as a significant uncontrolled community transmission. The public health recommendation associated with level 2 is to minimize contact with others, but to begin leaving the home for non-essential needs, except medium and large gatherings, and to practice social distancing and use face coverings.

By late June, the threat level was changed to level 1 (red). Level 1 is identified as a severe and uncontrolled level of COVID-19 in Harris County, meaning outbreaks are present and worsening, and that testing and contact tracing capacity are strained or exceeded. At this level, residents are to take action to minimize contact with others whenever possible and avoid leaving home except for the most essential needs like going to the grocery store for food and medicine.

In early July, Governor Greg Abbott issued Executive Order GA-29 relating to the use of face coverings during the COVID-19 disaster. The governor’s order recognizes that we continue to have a problem with the spread of COVID-19. Specifically, the governor found that: • As Texas reopens in the midst of COVID19, an increase of spread is to be expected. • The key to controlling the spread and keeping Texas residents safe is for all Texans to consistently follow good hygiene and social-distancing practices.

• Due to recent substantial increases in COVID-19 positive We are seeing more positive test results every cases, positive rate and hospiday. Many employees of apartment communities talizations, further measures have tested positive. Chances are that we will are needed to achieve the least restrictive means for reducing continue to see more positive tests. the growing spread of COVID19, and to avoid a need for more extreme measures. When should employees isolate?

We are seeing more positive test results According to the guidance, employees who every day. Many employees of apartment are undergoing testing for COVID-19 or who communities have tested positive. Chances have been confirmed with COVID-19 must are that we will continue to see more positive be isolated until they have been fever free tests. What should you do when an employee (without the use of fever reducing medicais not feeling well? What actions should you tion) for 72 hours AND until it has been at take if the employee tests positive? Who least seven days since they first started feelshould you tell? ing symptoms.

The Harris County Public Health “Guidance to Mitigate Spread of COVID-19 in the What do employers do when employees Workplace” (the “guidance”), which can be are awaiting test results or have been found at https://publichealth.harriscounconfirmed with COVID-19? tytx.gov/portals/27/Documents/Business%2 0Guidance%20for%20Mitgating%20the%20S Suggested Steps: pread.pdf?ver=2020-06-05-142005-537, pro 1. Send the employee home. According to vides guidance with respect to some importhe guidance, employees with confirmed ditant employment-related issues. agnosis or suspected of COVID-19 should stay home and not come to work. For further What should I do if an employee is not self-assessment, employees should visit feeling well? ReadyHarris.org.

If any employee is not feeling well at work, 2. The infected employee may be eligible they should go home and contact their for the new Emergency Paid Sick Leave and healthcare provider. If an employee is feeling should submit the proper forms and docuill at home, they should not come to work mentation verifying the reason for leave. and contact their healthcare provider. If an Under the Families First Coronavirus Reemployee has any symptoms associated with sponse Act (FFCRA) and Emergency Family COVID-19, they should also contact the puband Medical Leave Expansion Act (EFMLEA), lic health department regarding their sympan employee seeking a diagnosis (waiting for toms. If it is an emergency, call 911. a test result) qualifies for leave for the time they are waiting for results, even if it turns out to be a negative result. The documenta

Although the identity of the person should not be revealed, and independent factual circumstances will determine whether a duty is owed to warn residents of a person with a positive test, it may be beneficial to notify residents that there has been a positive test among the onsite team. Residents may be more upset if they hear from others that an employee has tested positive.

tion should be kept for payroll and tax credit processing purposes. 3. Thoroughly clean the areas and rooms where the employee worked, and all surfaces that may have been recently touched by the employee. For facilities that have had persons suspected or confirmed with COVID-19 in the area, Harris County Public Health recommends closing off the areas used until the areas can be cleaned and disinfected. The areas should be cleaned and disinfected in accordance with CDC guidelines for cleaning and disinfecting your facility (which can be found at cdc.gov/coronavirus). 4. Contact the health department and follow instructions with respect to notifying other employees. Please note that the local health department has indicated that they will conduct the appropriate investigation and notify those persons that may have been at risk. 5. As the health department may become overloaded with cases and tracing, an employer may want to consider notifying employees who worked within 6 feet of an infected employee for an extended period of time in order to comply with OSHA recommendations (https://www.osha.gov/Publications/OSHA3990.pdf) for “prompt identification and isolation” of potentially infected employees. This may include informing employees so that they can “self-monitor for signs and symptoms of COVID-19 if they suspect possible exposure.” Having these employees work in an isolated area, such as an office or separate unit, may be warranted, depending on the level of contact. Use of PPE at the worksite, including masks, face shields or gloves may also be warranted. 6. According to the guidance, if an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality.

What if the employee lives in the same household as a confirmed case of COVID-19?

According to the guidance, an employee who lives in the same household as a confirmed case of COVID-19 must stay quarantined for 14 days AFTER the confirmed case of COVID-19 in their household has been without fever. The employee should self-monitor and seek medical care if symptoms develop.

What if an employee suspects close contact directly with a case or someone under investigation for COVID-19?

According to the guidance, if an employee suspects close contact directly with a case or someone under investigation for COVID-19, they must quarantine at home for 14 days after their last potential exposure and selfmonitor. If symptoms develop, the employee should seek medical care immediately. A potential exposure could be travel-related contact to a known COVID-19 case, through a health care encounter or through community interaction. Close contact is defined as being within 6 feet of a person highly suspicious of or confirmed with COVID-19 for a prolonged period of time or within direct contact of infectious secretions (being coughed on).

Do we inform residents that a staff member has tested positive?

Although the identity of the person should not be revealed, and independent factual circumstances will determine whether a duty is owed to warn residents of a person with a positive test, it may be beneficial to notify residents that there has been a positive test among the onsite team. Residents may be more upset if they hear from others that an employee has tested positive.

You can take the opportunity in any notification letter to reiterate what steps are being or have been taken to minimize transmission of the disease. You may have closed common areas and amenities, restricted access or closed management offices to resident traffic, reduced maintenance services to emergency situations only, and increased cleaning activities in common areas. You may also want to remind residents what they can do to protect themselves, including following CDC and health department guidelines regarding social distancing, handwashing and following personal hygiene tips.

Can we require employees returning from being sick to provide a health care provider’s note?

Harris County Public Health recommends not to require a health care provider’s note for employees who are sick to confirm illness or to return to work. Health care provider offices and medical facilities may be extremely busy and may not be able to provide such documentation in a timely manner.

Inevitably, you will run across a situation where an employee tests positive. Be prepared to act. By following the direction of the health department officials and the CDC and acting in accordance with your prepared plan, you will hopefully minimize problems.

This article was updated on July 13.