Even though COVID-19 is showing no signs of slowing down, many companies are hoping to reopen to help recover the losses suffered during the shutdown. This is why it is important that companies consider the risks and potential legal issues associated with re-opening amidst the pandemic.
One of the biggest risks for companies contemplating re-opening is if an employee, customer or client gets sick at work or on the business premises, as this could lead to a wide range of legal issues from employment claims to personal injury claims. For example, an employee could allege some form of negligence on the part of their employer. They may assert that the employer has failed to provide a clean work environment or that the employer has failed to provide the necessary PPEs.
Employers have a legal duty to ensure so far as is reasonably practicable, the health, safety and welfare at work of all their employees. If that duty is breached, they can be found liable to compensate employees for injury and losses once it is proven it was caused or materially contributed to by the employer’s failure to take reasonable care. However, it should be noted that employees also have a duty to take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts or omissions. Therefore, a willful disregard for an employer’s instructions may provide a defence or may be the basis for a finding of contributory negligence.
It is unclear how successful claims of this nature will be as it may be very difficult for an employee to prove causation of the infection. Nevertheless, it is important for companies to be prepared and take the necessary steps to prevent the spread of the infection as well as to protect themselves from potential claims. It is also critical that companies begin to examine the potential risks to their brand and reputation if they do not address these issues before re-opening.
Here are some tips to help limit your liability when you re-open
Review liability policies. Many companies have probably not reviewed or considered these policies since first signing off on them. Now is as good a time as any to properly review liability policies and ensure the necessary provisions are adhered to. If there is any uncertainty it is best to seek clarity from the insurers directly.
Create workplace health & safety protocols. Create workplace health and safety protocols and ensure that all staff members in the company are familiar with your workplace protocols as well as the ‘Workplace Guidelines’ provided for by the Ministry of Health and the World Health Organization.
Create Social distancing procedures. Create social distancing procedures and ensure that such guidelines are performed by both workers as well as customers and clients.
Appoint a COVID-19 point person/task force. Create and implement a task force or appoint a COVID-19 point person, as this will help you and your staff stay abreast of the rapid changes and developments relating to the pandemic.
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.
