Under the Health and Safety at Work Act employers have a duty to ensure, so far is reasonably practicable, the health, safety and welfare at work of all his employees. The Act also imposes a number of duties on employees, more specifically 1. to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and 2. as it relates to any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to cooperate with him so far as is necessary to enable that duty or requirement to be performed or complied with.
COVID-19 Symptoms
What are the symptoms of COVID-19?
The Bahamas Ministry of Health advises that infection with COVID-19 can cause illness ranging from mild to severe and in some cases fatal. Common symptoms include respiratory symptoms, fever, cough, shortness of breath, and breathing difficulties. In more severe cases, infection can cause pneumonia, sever acute respiratory syndrome, kidney failure and even death.
Employees Diagnosed with COVID-19
What should you do if an employee is diagnosed with COVID-19?
Follow the ‘Workplace Guidelines’ provided by the Bahamas Ministry of Health. Inform employees who may have had exposure that they may have been exposed to COVID-19, but do not reveal the identity of the employee who was diagnosed with COVID-19. Any employee who may have been in close contact with the employee should be urged to stay home, self-isolate and watch their symptoms. Once exhibiting symptoms, the employee should contact a medical professional or the COVID-19 information line for advice on testing and referral. Employers should perform a follow-up cleaning and disinfection of affected work areas (offices, bathrooms and common areas).
Employees who are not yet diagnosed but may be exhibiting symptoms
What should I do if an employee is exhibiting symptoms but has not been diagnosed with COVID -19?
Employees who appear to have any of the symptoms of COVID-19 such as a cough, shortness of breath or breathing difficulties while they are at work, should be sent home immediately, urged to self-isolate and contact a medical professional or COVID-19 information-line for advice on testing and referral. Any employee exhibiting symptoms should also be questioned about recent travel or contact with persons who have recently travelled or any actual or suspected case of COVID-19.
Asking Employees for COVID-19 information
Can I ask an employee if he/she has COVID-19 or if he/she has symptoms of COVID-19?
Yes, it is reasonable to ask whether an employee has a confirmed diagnosis of COVID-19 or to confirm if they are exhibiting symptoms of COVID-19. However, once an employee has provided any health information to you, the identity of the employee should remain confidential.
Can I ask an employee whether any household members have symptoms?
The Bahamas Ministry of Health has advised that persons should report if they have recently had close contact with someone who has tested positive or who is exhibiting symptoms of COVID-19. Based on these requirements it would be reasonable to ask an employee to disclose such information.
What if an Employee confirms they live with persons who have been diagnosed with COVID-19?
On the recommendation of the Bahamas Ministry of Health and their guidelines, it is advised that the employee be sent home immediately to quarantine. Other employees who may have had close contact with this employee should be told to monitor their symptoms and be guided by the Ministry of Health Surveillance Unit if they develop symptoms.
Employees and confidentiality
How can I keep my employees informed and maintain confidentiality?
An Employer cannot disclose an employee’s medical history or condition without the employee’s permission. However, employees who may have had close contact with a person who has symptoms or who has tested positive for the virus should be informed that a fellow employee is ill so that they are aware and able to monitor their own symptoms carefully.
Are there any other privacy concerns employers need to be aware of?
Under the Data Protection Act, an employee’s personal data cannot be used or disclosed to a third party without their consent.
Requirement of a Medical Note
If an employee has tested positive for COVID-19, does the employer have the right to require a doctor’s note?
Yes, but the Workplace Guidelines provided by the Ministry of Health suggest that an employer should consider waiving the requirement for a medical note for workers who are sick, so that they stay at home.
Safety Protocols:
Are employers required to provide safety training, and basic personal protective equipment?
Yes. As per the Workplace Guidelines provided by the Ministry of Health, employers are required to provide basic personal protective equipment (PPE), safety training and supervision and adequate first aid measures. It should be noted that employees are not to bear any expenditure for the required PPE or related safety protocols, as stated in the Health and Safety at Work Act of the Bahamas.
Can an employer require that an employee take their temperature when they arrive to the office or workplace?
If you wish to do temperature testing, any information gathered about employees is to remain confidential.
Hygiene
Can employers require their employees to use hand sanitizer before entering the office or workplace?
Yes. Based on the Ministry of health Work Place Guidelines, recommendations are made that employers should instruct their employees to clean their hands often and use alcohol-based sanitizers.
Travel
Can an employer impose a travel ban to COVID-19 affected areas?
Employers may control business related travel and may also recommend that employees avoid personal travel to areas that are affected by COVID-19. However, while employers cannot ban employees from personal travel to affected areas, they may require that employees notify them of international travel.
Reminders
With COVID-19 still so prevalent and highly contagious it is imperative that employers who are contemplating re-opening institute a high level of hygienic practices, social distancing and institute proper safety protocols in their work environment. Given what has happened to other countries around the world after re-opening taking the extra precautions and implementing additional safety measures is one way to help prevent the spread of COVID-19 in the workplace.
The contents of this article are for informational purposes only, and must not be relied upon as an alternative to legal advice from an attorney.
