RE-OPENING OREGON’S BUSINESSES

May 7

Emerging State Framework

Employer and H.R. Readiness

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ABOUT THE CAPUTO GROUP

The Caputo Group offers complete support services for small to mid-sized businesses so you can focus on your craft.

We take on your Human Resources, Compliance, and Liability giving your small business big business expertise.

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CARES ACT UPDATES

• EIDL is now closed to new applicants, except for agriculture

• As of May 1, $176 billion of the $310 billion in new funding for PPP was processed

• New I.R.S. rule re: double dipping. You don’t have to pay federal taxes on front end of forgivable expenses with your PPPL, but you can’t then deduct those forgiven expenses on the back end. Read: https://www.natlawreview.com/article/irs-to-deny-deductions-relating-to-ppp-loans

• Congressional action in the works:• More funding• Extension of 8-week forgiveness window• Easing 75% payroll rule

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OREGON’S STRATEGY - OVERVIEW• Test

• Adequate testing for every symptomatic Oregonian• Fast turnaround: 48-72 hours • Surge Capacity, esp. Nursing homes & group living

• Track• Widespread, voluntary representative sample testing• Teams of “Contact Tracers”• Mobile app to facilitate quick contact I.D.• Increased Orpheus capacity – database, reporting

• Terminate• Ability to quickly ISOLATE the ill and QUARANTINE the exposed• Provide support to isolated and quarantined• Ability to surge ICU capacity • Expansion of PSL & UI to shore up livelihoods of affected

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STRATEGIC PARTNERSHIPS

• OHSU (Oregon Health & Science University), the state of Oregon and the OHSU-PSU School of Public Health will conduct a statewide COVID-19 research study to inform the approach for reopening Oregon.

• Real data and numbers on infection rate, spread & locating hotspots• Mitigate risk & prepare for possible surge as state economy begins to open

• OSPHL (Oregon State Public Health Laboratory) – Central testing agency for groups like residents, staff or family in residential care, schools, migrant worker facilities, tribal and PoC communities, other at-risk communities

• Hospitals, local care & testing providers: Asante, Kaiser, Providence, Legacy, Interpath, Pioneer Memorial, OHSU, Portland VA Med. Center, Adventist, GoHealth, WVT Laboratory, McKenzie-Willamette

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TESTING GOALS• “Minimum of 30 tests per week per 10,000 people for regular diagnostic (non-

surveillance) purpose. There is sufficient lab capacity in the state overall to achieve this, and improved lab capacity will ensure coverage in each region. Minimum of 15,000 statewide weekly. (source: OHA)

• New testing guidelines so more Oregonians (including asymptomatic or mildly symptomatic) can be tested: https://tinyurl.com/yarpntew

• 600 new public health personnel (15 per 100,000 people)

• Shore up state’s test & PPE stockpile to deal with possible surge

• Widespread, voluntary representative sample testing project (100,000)

• Accurate data for at-risk communities, particularly tribal and communities of color

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TESTING REGIONS• 1 – Clatsop, Columbia, Tillamook, Washington, Multnomah, Clackamas

• 2 – Yamhill, Polk, Lincoln, Benton, Marion, Linn

• 3 – Lane, Douglas, Coos, Curry

• 5 – Jackson, Josephine

• 6 – Hood River, Wasco, Sherman, Gilliam

• 7 – Jefferson, Deschutes, Crook, Wheeler, Grant, Klamath, Lake, Harney

• 9 – Morrow, Umatilla, Union, Wallowa, Baker, Malheur

• Download a detailed COVID-19 Strategic Testing Plan for Oregon & follow your region’s readiness progress here: https://tinyurl.com/y9qbt597

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BROAD CONTACT TRACING GOALS

• Finding, testing, tracking, helping all who come into contact with someone who has tested positive

• OHA will prioritize counties with lowest test rates/highest case count or those with barriers to timely testing

• Voluntary mobile app to help track contacts of infected and exposed Oregonians

• Oregon will test up to 200 “surveillance specimens” per week from patients with influenza – like symptoms or asymptomatics

• Case investigators collect: symptom info, severity, other health data, occupation, demographics, and list of ALL people the person has had contact with. They will facilitate testing and daily check-ins for 14 days

• Broad Contact Tracing MUST begin prior to easing physical distancing

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THRESHOLDS TO REOPENING

• Data system to handle expanded contact tracing – April 30

• Staffing plan & recruitment of community health workers – May 7 • 600 more team members needed to support active surveillance• Call centers• Qualified volunteers

• Develop contact tracing training modules for this workforce – May 18

• Consistent downward-trending cases for 14 days

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KEY QUESTIONS FOR BUSINESSES

• Are you in a community no longer requiring significant mitigation (or restricting operations to designated essential critical workers)?

• Will you be able to limit non-essential employees to those from the local geographic area?

• Do you have protective measures for employees at higher risk (e.g., teleworking, tasks that minimize contact)?

• CDC recommends the implementation of safeguards to stem the spread. These guidelines appear in gubernatorial return-to-work orders and OSHA regulations.

• Download the full OSHA guidance here: https://www.osha.gov/Publications/OSHA3990.pdf

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STEPS TO START TAKING NOW

• Designate a company COVID-19 Coordinator to monitor federal, state & local news, liaise with local health authorities and keep everyone updated on the situation. This person can also coordinate the re-opening protocols.

• Prior to re-opening:• Health monitoring protocols in place• Enhanced hygiene protocols in place• Social distancing protocols in place• Workspace, supplies & working hours adjustments• Contact your County Board of Commissioners

• Get on their calls• Up-to-the-minute developments on your region’s re-opening strategy & progress

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WORKSITE HEALTH MONITORING• Employers can measure employees’ body temperature

• New screening options and providers coming online soon

• Workplace screening must be consistent with ADA• Download EEOC testing guidelines here: https://www.eeoc.gov/coronavirus

• Employee notifications• In advance of screenings• Purpose – monitor COVID, not to determine any other illness or disability• Screening not substitute for diagnosis

• Procedures and best practice for worksite employee testing• PPE, physical barriers, privacy, logistics• Download the Guide to Testing Employees for COVID-19 here:

https://tinyurl.com/y9y55wgs (source: Faegre Drinker Law Firm)

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IF EMPLOYEE TESTS POSITIVE

• Sick employees should stay home

• Employer should develop action plan if someone tests positive

• Employer should develop emergency communication channels for employees

• Employer should maintain confidentiality about employee illness in compliance with ADA

• Employer should carefully document employee illness and request/grant forms for PSL

• Download PSL request form: https://tinyurl.com/y7bmugqg• Download PSL designation form: https://tinyurl.com/y9v2cowz (source: Pierce Atwood Law Firm)

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ENHANCED HYGIENE PROTOCOLS• A deep-cleaning of workspace is recommended prior to employees returning

• Ongoing Cleaning intervals

• Weekly, daily, hourly, or in between clients depending on business

• Hand-washing/sanitizing stations & regular washing intervals

• No shared food

• Employer can require PPE; should develop strategy for providing it and enforcing its use

• Proper signage & communication of hygiene protocols

• CDC facility sanitizing guidelines: https://www.cdc.gov/coronavirus/2019-ncov/community/disinfecting-building-facility-H.pdf

• PPE for maintenance & food service staff

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PHYSICAL DISTANCING • Employers will have to comply with federal, state & local requirements

• Non-touch forms of greeting

• Close or modify lunch rooms or time clock stations

• No shared equipment or supplies – consider appointing a supplies or equipment person

• Prioritize electronic meetings over physical

• Rethink customer delivery/pickup methods; implement contactless payment

• Rethink hours – stagger shifts or alternate days

• Rethink workplace layouts• Create more distance, use barriers, remove extra chairs to discourage loitering,

rearrange desks & tables, develop plan for avoiding crowding in elevators or hallways

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HR CONSIDERATIONS

• Document the steps you take to provide evidence of compliance and non-discrimination

• Consider writing an addendum to the Employee Handbook that carefully lays out your company’s new protocols

• Consider offering a training

• Have employees sign off on new protocols handbook and training

• Develop detailed policy on what to do when employee becomes symptomatic, tests positive, or is potentially exposed. Policy should inform all employees prior to their return of all safety measures in place, e.g. temp monitoring, hand washing & mask usage

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KEEP THE CONVERSATION GOING

• We’d love to hear about what’s working for you and how your business is handling the re-opening. Join us on social media as we compare notes and share information: https://www.facebook.com/Sophia-Blanton-with-The-Caputo-Group-103866431265155/?modal=admin_todo_tour

• NEXT WEEK: Updates on progress of re-opening, new resources and new developments with CARES Act

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WHAT WE CAN DO FOR YOU

For a free consultation about how your business could potentially avoid the burden of HR 6201 mandatory employee sick leave, visit us at: http://www.caputo-group.com/covid-19-free-consult/

For additional resources, including a copy of this presentation visit: http://www.caputo-group.com/covid-19-resources/