Work from home amid coronavirus outbreak, experts say. What if that’s not an option?
Federal health officials are urging people to work from home to prevent the spread of the coronavirus.
But what about the servers, garbage collectors, nurses and flight attendants who don’t have that option?
They still have rights, according to labor officials.
Who can’t work from home?
Many people who work in the service industry — whether for privately-owned restaurants or public schools — don’t have the same luxury to work remotely as “high-earning professionals,” the New York Times reported.
Not only does the nature of their job require human interaction (and put them at higher risk of exposure to the virus), but the Times reported they often can’t afford to miss a day of work.
In an analysis of U.S. Department of Labor statistics, Business Insider pointed to medical professionals, service workers and airline personnel as those with a higher risk of exposure — the same people who aren’t able to work from home.
But according to the Occupational Safety and Health Administration (OSHA) under the U.S. Department of Labor, COVID-19 hasn’t reached “widespread transmission” in the U.S.
“Without sustained human-to-human transmission, most American workers are not at significant risk of infection,” OSHA said.
Here’s a list of the workers whose “exposure risk may be elevated,” according to OSHA:
- Healthcare (doctors, nurses, therapists)
- Deathcare (morticians, funeral home directors)
- Laboratories (researchers, lab techs)
- Airline operations (pilots, flight attendants, air traffic controllers, baggage handlers)
- Border protection (TSA agents, border patrol)
- Solid waste and wastewater management (garbage collectors, sewage technicians)
- Travel to areas, including parts of China, where the virus is spreading
What are their rights?
OSHA recently published a COVID-19 web page to better prepare employers and their workers during the coronavirus outbreak. According to the DOL, the agency also released a document for “practical guidance” with information on maintaining a safe workplace.
“Be aware of workers’ concerns about pay, leave, safety, health, and other issues that may arise during infectious disease outbreaks,” the document states. “Informed workers who feel safe at work are less likely to be unnecessarily absent.”
The agency outlines workers’ rights under federal law on its COVID-19 web page.
They are allowed to raise concerns about safety and health conditions in the workplace without fear of retaliation, OSHA said. If they do receive pushback from employers, they’re encouraged to submit a complaint to OSHA.
Workers are also protected under workplace anti-discrimination laws like the Americans with Disabilities Act and the Rehabilitation Act, according to the U.S. Equal Employment Opportunity Commission.
Those laws require employees be given “reasonable accommodation and rules about medical examinations and inquiries,” the EEOC says.
“The ADA and Rehabilitation Act rules continue to apply, but they do not interfere with or prevent employers from following the guidelines and suggestions made by the CDC about steps employers should take regarding the coronavirus,” according to the EEOC.
What can (or can’t) employers do?
The coronavirus has not been declared a pandemic by the World Health Organization, but there are a slew of regulations governing employers’ actions before, during and after a pandemic, per the EEOC.
For example, an employer can’t ask workers whether they have a compromised immune system that puts them at greater risk of infection before a pandemic hits because it violates the ADA, but they can make non-disability-related inquiries, the EEOC says.
Those questions might include whether an employee needs care for their children if schools were to close or if they’d be able to get to work if public transportation shut down.
Employers are also allowed to send workers home during a pandemic if they’re showing symptoms, according to the EEOC.
But once a pandemic starts, they still can’t ask workers who aren’t showing symptoms whether they have a medical condition or disability that puts them at greater risk.
Employers can adopt new workplace practices like requiring hand washing or wearing personal protective equipment during a pandemic and can also ask why an employee missed work if they suspect it was for a medical reason, the EEOC says.
After a pandemic, they can also require employees to provide a doctor’s note certifying the reason for their absence and “fitness to return to work.”
But OSHA recommends employers refrain from that requirement given that “medical facilities may be extremely busy and not able to provide such documentation in a timely way.”
More information on dealing with COVID-19 — particularly paid leave and fair labor practices — can be found on the DOL’s website.
This story was originally published March 10, 2020 at 3:29 PM.
