LEGAL: What if an Employee Tests Positive for COVID-19, Has Symptoms, or Is Exposed to Someone Who Does?

By Joseph W. Ambash and Jeffrey A. Fritz

What if an Employee Tests Positive for COVID-19, Has Symptoms, or Is Exposed to Someone Who Does?

Now that big chunks of the local economy are up and moving again (for how long and to what extent, of course, remain to be seen), we have been fielding lots of questions about what employers must, can, or should do if and when an employee tests positive for COVID-19, is exhibiting symptoms, or has been exposed to someone who has tested positive or exhibiting symptoms. This article provides some general guidance.

What are the Symptoms? As the CDC has explained, people with COVID-19 may have a wide range of symptoms, and their severity may vary greatly. These symptoms include fever or chills, cough, shortness of breath or difficulty breathing, fatigue, muscle or body aches, headache, new loss of taste or smell, sore throat, congestion or running nose, nausea or vomiting, and diarrhea. COVID-19 symptoms may appear between 2 and 14 days after exposure to the virus.

What is an Exposure? In determining what counts as exposure to COVID-19, you should keep in mind three numbers: 6-15-48. If an individual was within 6 feet of someone who has tested positive or exhibited symptoms for 15 minutes or more, within the 48 hours prior to the individual testing positive or exhibiting symptoms, s/he generally is considered to have been “exposed” to COVID-19.

What if an Employee Tests Posi

tive? When an employee tests positive for COVD-19, there are four general steps you need to make sure you follow. First, you should isolate/quarantine the employee who tested positive. And s/he should remain at home until released by a doctor. Second, you should address and isolate employees working near the infected employee. In other words, you should conduct a 6-15-48 review, identify those employees who worked within 6 feet of the infected employee for 15 minutes or more within the 48 hours prior to the test or exhibition of symptoms, and then determine whether they need to be quarantined as well (see below). Third, you should clean and disinfect your workplace, consistent with CDC guidelines, including all areas and facilities the infected person used, focusing especially on frequently-touched surfaces. Finally, you should notify all employees working in the location or area that an employee tested positive (without revealing the infected person’s name or any confidential medical information) and describe all actions you have taken as a result.

Keep in mind that employees who are required to quarantine may be eligible for emergency paid sick leave under the Families First Coronavirus Response Act. You should inform them of this potential entitlement.

What if an Employee is Exposed? If an employee is determined to have been exposed to COVID-19 (such as in connection with a 6-15-48 review), whether s/he needs to be quarantined depends, in part, on whether s/he is a critical infrastructure worker (such as a technician). For example, no quarantine requirement exists for a critical infrastructure worker who was exposed to COVID-19 but who (1) exhibits no symptoms, and (2) either tested negative or never tested. Instead, all that is required, per CDC guidelines, is that the employee (1) wear a mask at work 100% of the time, (2) have his/her temperature tested before every shift, (2) stay at least 6 feet away from coworkers as much as possible, and (4) self-monitor for symptoms. The employer also must regularly clean and disinfect the workplace. (Of course, no prohibition exists on an employer requiring such an employee to quarantine nonetheless.) For employees who, like most of your staff, are not critical infrastructure employees, if they are exposed to COVID-19, they should quarantine for 14 days, and return only if exhibiting no symptoms. This quarantine period should not be cut short even if the employee tests negative in the interim.

What if an Employee is Exhibiting

Symptoms? If an employee is exposed and exhibiting symptoms, the employee should be quarantined for a minimum of 14 days (regardless of whether the employee is a critical infrastructure employee) and only return when at least 24 hours have passed since s/he had a fever and all other symptoms have improved. You can require the employee to be tested and/or cleared by a doctor before returning. If the employee’s symptoms are severe, the length of isolation should be determined by their his/her care provider.

Does this mean that any runny nose, for example, requires a 14-day quaran

tine? Well, no. If an employee, for example, was not exposed to COVID-19, the analysis should be decided on a case-bycase basis, and the specific facts presented, with reason being your guide. You should consult competent counsel to help you navigate this determination. While not 100% determinative, you can require an employee with no exposure who is exhibiting mild to moderate symptoms to return to work only with a negative test and/or on release by his or her doctor.

In the end, and in the interest of risk mitigation, you should err on the side of caution, and only allow employees to work consistent with CDC guidelines. Too cavalier an approach can result in unnecessary spread amongst your workforce. t

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Always Moving Forward

Sco Dube, Presiden of Bill Dube Hyundai and MSADA Immedia e Pas Presiden , represen s NADA ’s Massachuse s members on he NADA Board of Direc ors. He can be reached a sco @dubecars.com.

With dealerships busy as the boon of post-re-opening sales still flourishing, NADA has stayed busy keeping an eye on the future and the things that still need to be improved. The heat of the summer sun is no excuse to rest, whether that involves celebrating OSHA’s Safe + Sound Week or getting ready for the 2021 NADA Show.

While everyone has been struck by the horrors of a pandemic, the rest of the world does not slow down around us. When we hear stories of a dam breaking and flooding a town and a university that has long been a feeder for dealerships across the country, we realize the way that we need to work locally and globally to help our communities that we represent in addition to the dealer body as a whole. Sometimes we all need to celebrate what humanity can do when we work together to make things better for everyone.

NADA Show 2021 Attendee Registration and Housing Now Open

By Na’Tasha Jones, NADA

, Mar

e ing Manager

NADA Show is back this January in New Orleans, where the automotive community will reunite and re-energize for the year’s premier auto dealer event. Now more than ever, NADA is the source for dealer information, best practices, and new tools to adapt to a changing business landscape.

Registration is now open for the 2021 Show, which will feature the latest strategies and tools from NADA Academy instructors, legislative and regulatory experts, and other top industry professionals, on the latest topics that are vital in today’s business climate. Reconnect with peers and see how stores are building and growing amid new challenges.

Franchise meetings with auto manufacturers will provide opportunities to receive key updates in this new business environment for dealers and their businesses.

On the Expo floor, you’ll find the products and services your dealership needs to thrive. With 77% of last year’s companies already lined up early to exhibit in New Orleans, it’s a great indicator of the demand these companies have to get back to business and kick off 2021 on a positive note. The innovations and solutions you expect to see at the auto industry’s top marketplace will not disappoint.

This year’s co-headquarters hotels are the Hilton New Orleans Riverside and the Windsor Court Hotel, just steps away from the Ernest Morial Convention Center, the French Quarter, and the Riverwalk Marketplace shopping. The best hotel selections always fill up quickly, so start planning your New Orleans trip today.

Read more about what’s to come at this year’s show, including our plan to keep members safe and secure through a detailed action plan to address social distancing concerns, in a downloadable brochure. There’s never been a more important time to be part of the NADA Show. Register today and we will see you in New Orleans.

500-Year Flood Devastates Auto-Focused Northwood University

By DebbieAnn Sunga, NADA

Chief Speechwri er

Since 1959, Northwood University has stood as a pillar of excellence for countless business leaders and intrepid entrepreneurs. With a flagship campus in Midland, Michigan, Northwood is the only four-year university that boasts its own international auto show, as well as unique undergraduate tracks like Automotive Marketing & Management and Entrepreneurship. For 57 years, the Northwood University International Auto Show has hosted the largest, outdoor exhibition for aftermarket companies and automotive brands. The event is held at the beginning of each academic year and has been entirely led by the student body. But students and faculty face many unknowns to the start of this academic year.

In May, a historic and devastating flood submerged homes, buildings, and the livelihoods of Midland residents and Northwood students. This natural disaster, dubbed by locals as the Flood of 2020, decimated the area when two dams along the Tittabawassee River collapsed, causing more than 20 billion gallons of water from Wixom Lake to descend upon Midland County and Northwood University.

Within hours of the dam breaking, important structures were completely or partially submerged underwater. An estimated 10,000 residents were evacuated immediately, along with Northwood students, as water levels exceeded eight feet on the campus. The damage throughout the area is estimated at $175 million, with $10 million at Northwood alone. The campus is struggling to recoup a loss of $4.2 million to its athletic facilities after its arenas were gutted and the football field was almost entirely submerged.

The process of rebuilding and re-opening seems to be a linear theme throughout this unprecedented year and the Midland area is no exception. University president Dr. Kent

MacDonald said that regardless of the devastation, the university is working hard to welcome students back this fall by rebuilding athletic facilities, renovating classrooms, and engineering the campus so that it’s better protected against flooding in the future, but it will not be easy.

Northwood needs the support of the business community more than ever. The same steely resolve and independent culture that led to the university’s founding 61 years ago, is the same spirit that drove the community to be open for business come August 24. “We are ready to do what it takes to make Northwood even greater,” said Dr. MacDonald in a university-wide message. “No university in the thousand-year history of global education has ever had to operate after surviving a 500-year-flood and a 100-year pandemic.”

In June, Northwood University launched an emergency fundraising campaign called the Rapid Relief Fund. The initial money raised has been used to jumpstart a campus recovery. And an ongoing campaign aims to secure millions of dollars to help rebuild the campus’s infrastructure and preserve the educational system that has made a difference in the lives of students, faculty, and university workers for the past six decades.

Millions of dollars are needed to help modernize the Midland campus and enhance its ability to attract a new generation. People who wish to donate can access the Northwood University Donation Page to make a donation toward the school’s various student programs.

The “Northwood Idea” has been a long-held tenet of the campus community. It emphasizes the significance of individual responsibility, private property, free market and free enterprise—values that are also ingrained in American auto and truck dealers. The timing of this campaign and the generosity of the public at large is critical for keeping Northwood vibrant so it can continue to educate a new generation of students, many of whom strive to work in the auto industry.

OSHA Safe + Sound Week is Important Time to Audit Coronavirus Safety Standards at Dealerships

By Kaye Lynch-Spar s Associa e Direc or, Regula ory and LegalAffairs

The Coronavirus has disrupted business operations around the globe – from automakers temporarily halting manufacturing to retail stores limiting the number of customers allowed to shop at once. Businesses, including dealers, have triaged their procedures to ensure the safety and health of their customers and employees while keeping their doors open.

As operating in the Coronavirus environment is the new normal, the Occupational Safety and Health Administration’s (OSHA) Safe + Sound Week, the week of August 10 to 16, was a good time to evaluate a dealership’s new operating procedures and optimize them for the long haul.

Safe + Sound is a year-round campaign dedicated to encouraging workplace safety and health, while Safe + Sound Week recognizes the successful workplace safety and health efforts implemented by organizations across the country that keep American workers safe. As in year’s past, OSHA provides best practices on workplace safety and health programs. In celebration of the week, NADA also provided a daily round-up of the key resources to keep dealership employees and customers safe during this uncertain time. Topics included: • Where can dealerships find general information about, and requirements for, protecting employees during the

COVID-19 pandemic? • Should dealership employees wear masks while at work? • What are safety concerns dealerships should pay attention to? • What should a dealership do if an employee tests positive for COVID-19? • How do I get answers to questions on how OSHA’s rules apply to specific situations at my dealership?

ABA Promotes Adoption of NADA Fair Credit Program

By Mi

eAlford, Chairman of NADA Regula oryAffairs Commi ee

On August 3, the American Bar Association approved a resolution that, in part, urges governments at all levels to: “Adopt laws and policies that promote the adoption of an enhanced nondiscrimination compliance system for dealer compensation for arranging and/or originating a vehicle finance contract by offering a safe harbor against pricing discrimination claims for dealers that faithfully implement the NADA/NAMAD/AIADA Fair Credit Compliance Policy and Program.”

The resolution, which was co-sponsored by the ABA Section of Civil Rights and Social Justice, Section of State and Local Government Law, and the Commission on Homelessness, recommended “safe harbor” protection to dealers who faithfully adopt the NADA fair credit program in lieu of a recommendation that governments consider requiring dealer finance compensation to be in the form of a non-discountable fixed fee. This was one of several significant improvements to the original resolution, which sought to impose a series of new duties and restrictions on the dealer finance office.

The action represents the latest recognition by a diverse and growing number of public and private groups of the value of the optional NADA fair credit program as an effective mechanism to address fair credit concerns while preserving competition in the marketplace. The program, along with supporting materials, is available at www.nada.org/faircredit. NADA continues to encourage dealers to consider, in consultation with their counsel, whether to adopt this voluntary approach to fair credit compliance. t