The Oklahoman

REQUIRED REPORTING

When an employee tests positive for COVID-19, what does a business have to do?

- By Dale Denwalt Staff writer ddenwalt@oklahoman.com

When an employee tests positive for COVID-19, what are businesses required to report, if anything?

As it turns out, the law doesn't require much from employers.

There are no local, state or federal regulation­s explicitly requiring employers notify health officials when an employee is sick. They also don't have to warn other employees or customers who might have come into contact with the affected individual, although it is recommende­d.

The Occupation­al Safety and Health Administra­tion has rules in place triggering reporting under some circumstan­ces, but only requires a report when it's clear exposure to COVID19 happened at work. The agency lets employers determine whether a case is “work-related.”

Businesses following guidelines from the Centers for Disease Control and Prevention are more likely to shield themselves from liability if something goes wrong, said attorney Charlie Plumb.

“Compliance with those guidelines is the best way for an employer to defend itself if someone later claims they acted inappropri­ately or unlawfully,” said Plumb, who represents employers for Oklahoma City law firm McAfee & Taft.

Plumb expects to see the issue reach the civil court system. Once it does, a new state law would shield employers who follow guidelines and are in compliance with COVID- 19 standards whenever the exposure happened.

Each level of government has issued guidelines for what employers should do despite a lack of rules. For example, a proclamati­on signed by Oklahoma City Mayor David Holt this month encourages businesses follow recommenda­tions developed by health officials.

The State Department of Health encourages employers to notify workers who may have been exposed to someone who tests positive

for C OVID -19. That notificati­on must be balanced with health privacy laws that prevent publicly naming the sick individual.

Plumb said ba lanci ng privacy and safety is like walking a tightrope. Employers can alert people who were exposed without naming the individual who tested positive.

“You can do that sometimes without ever identifyin­g the individual who's actually tested positive ,” he said .“Employees may put two and two together and figure out who that is, but I don't consider that a breach of confidenti­ality.”

He also urges companies call their local health authority, who may want to initiate contact tracing.

“It's very unlikely that an employer is going to be liable or criticized for violating confidenti­ality if they're doing exactly what the Department of Health instructed them to do,” Plumb said. “I would rather, as an employer, deal with someone accusing me of somehow violating confidenti­ality than deal with a huge outbreak of COVID- 19 among my employees and their families.”

Some industries are collective­ly urging companies go beyond what's mandatory in the name of safety. The Oklahoma Restaurant Associatio­n, which represents hospitalit­y businesses in Oklahoma' s secondlarg­est employment sector, issued a pledge for members to follow.

When followed, t hat pledge keeps si ck employees at home and asks employers to notify people who were exposed, which is defined in the pledge as being within six feet of an infected individual for more than 15 minutes without a mask.

“We're doing everything we can to educate them to be better away from work. We're doing everything that pledge says, to wear am ask, (check temperatur­es ), all the things the things you' re supposed to do that the CDC recom mends ,” said Kurt Fleischfre­sser, director of operations at Vast and chair of the ORA.

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 ??  ?? Signs mark closed seating areas that follow the CDC's social distancing guidelines at a Rib Crib restaurant in April. Businesses all across the state are taking safety precaution­s like this one, but there are few regulation­s for how a business should notify other employees or patrons should an employee test postive for COVID-19. [CHRIS LANDSBERGE­R/ THE OKLAHOMAN]
Signs mark closed seating areas that follow the CDC's social distancing guidelines at a Rib Crib restaurant in April. Businesses all across the state are taking safety precaution­s like this one, but there are few regulation­s for how a business should notify other employees or patrons should an employee test postive for COVID-19. [CHRIS LANDSBERGE­R/ THE OKLAHOMAN]
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 ?? [CHRIS LANDSBERGE­R/ THE OKLAHOMAN] ?? Signs remind customers to stay six feet apart for social distancing at a metro Walmart in April. Businesses all across the state are taking safety precaution­s like this one, but there are few regulation­s for how a business should notify other employees or patrons should an employee test postive for COVID-19.
[CHRIS LANDSBERGE­R/ THE OKLAHOMAN] Signs remind customers to stay six feet apart for social distancing at a metro Walmart in April. Businesses all across the state are taking safety precaution­s like this one, but there are few regulation­s for how a business should notify other employees or patrons should an employee test postive for COVID-19.

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