June 2, 2020

Summer has officially started and we move into June with an extension of Safer at Home from Governor Polis (click here for the full Order). While we all may be experiencing regulation fatigue and confusion of what actually is still in place, it is important to remain compliance for the safety of our employees and community.

Effective June 1, 2020, Executive Order D 2020 091, requires an extension of the Safer at Home order. Let’s review what that actually means (and refresh our memories since there have been so many different ones). This is set to expire on July 1, 2020, unless extended.

Note: Several counties have either been granted or have requested variances from these state requirements. Please check with your local county resources for additional information.

Vulnerable Individuals
• Vulnerable individuals should stay at home as much as possible or travel to the “great outdoors” staying away from as many people as they can. In addition, they must continue to social distance by remaining at least six (6) feet away from other individuals that do not live with them and wear facial coverings when in public (as should everyone else).
• Employers (businesses or government entities) may not require vulnerable individuals to work in positions requiring in-person interactions, even if they are designated as a Critical Business or as a Critical Government Function.
• Companies should also consider accommodating workers who live with a vulnerable individual and for individuals with responsibilities for childcare.
• According to the Order, Vulnerable Individuals are those who are or have:

o 65 years and over
o Moderate to severe asthma
o Chronic lung disease
o Serious heart conditions
o Immunocompromised
o Pregnant
o Designated as high risk by a licensed healthcare provider

Higher Education
• The Executive Director of the Colorado Department of Higher Education (CDHE) may deem certain programs or courses as unteachable through remote environments.
• In this case, the program or course may be presented through limited in-person environments.
Preventing Discrimination
• Adhere to requirements under the Americans with Disabilities Act;
• Offer reasonable accommodations for those showing symptoms of COVID-19 or who have been in recent contact with another person who tested positive with COVID-19.

Colorado Health Emergency Leave and Pay Rules (HELP) – (click here for the Rule)
• Continue compliance with these rules as extended for up to 14 days if a worker has:

o Tested positive for COVID-19
o Exhibits COVID-19 symptoms
o Directed to quarantine or isolate due to COVID-19 concerns

Other Requirements

• If employees refuse to return to work due to evident unsafe working conditions, the Colorado Department of Labor and Employment (CDLE) will ensure they are eligible for unemployment insurance.
• Public or private gatherings with more than nine (9) individuals are prohibited unless previously approved by this Order or another Order still effective.
• Businesses remain strongly encouraged to offer employees remote work when possible.
• Non-critical retail businesses may offer delivery, window, walk-up, drive-through, drive-up, or curbside delivery services. In addition, they may permit customers on the premise if they ensure compliance with the mandatory social distancing requirements of this Order.
• Public Accommodation places may offer food and beverages through delivery, window, walk-up, drive-through, drive-up services; curbside delivery, outside dining, limited indoor dining, or any other manner listed in the Order. They must ensure compliance with the mandatory social distancing requirements of this Order.
• All businesses under this Order with 50 or more employees in one environment must follow protocols in the Order, including checking for temperatures and screening for symptoms, closing common areas, implementing cleaning protocols, and ensuring compliance with the mandatory social distancing requirements of this Order.

If you wish to review our blog “Safer at Home – Returning to Work (An HR Perspective)”, please click here. Here is a summary of what we discussed:
• Examine the future of your business
o Strategic planning
o Structures
 Policies and Job descriptions
 The need for in-person meetings
o Resources
 Finances
 Workforce
 Materials
o Contingency plans
• Upcoming employment laws
o Equal Pay for Equal Work effective January 1, 2020
• Safeguarding the work environment for returning to the workplace considerations
o Checking temperatures
o When background screening is required for returning staff
• Workforce considerations
o Recruitment
o Returning those from furloughs or layoffs
o Retention through culture and support

Lighthouse HR Support (LHRS) provides practical human resource information and guidance based upon our knowledge and experience in the industry and with our clients. LHRS services are not intended to be a substitute for legal advice. LHRS services are designed to provide general information to human resources and/or business professionals regarding human resource concerns commonly encountered. Given the changing nature of federal, state and local legislation and the changing nature of court decisions, LHRS cannot and will not guarantee that the information is completely current or accurate. LHRS services do not include or constitute legal, business, international, regulatory, insurance, tax or financial advice. Use of our services, whether by phone, email or in person shall indicate your acceptance of this knowledge

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