We have been watching the developments with COVID-19 and guidance in Kentucky. All businesses are advised to comply with Healthy at Work requirements. The minimum requirements for ALL businesses even essential ones can be found here. Industry specific requirements can be found here.
The requirements are sometimes difficult or expensive. Often, employers do not have thermometers for temperature checks or masks for employees to wear. Further, some employers do not have health insurance making testing plans more complicated. Thus, employers would then have employees tested at a free site in order to save costs.
Why should you comply with the minimum requirements?
To prevent employee claims. If you have an employee outbreak of COVID-19, employees could make a workers’ compensation claim. On the other hand, if you only have one employee with COVID-19, it may be difficult to prove COVID-19 was contracted at your business.
To prevent liability claims from the public. If a customer can prove that they contracted COVID-19 from your facility, they could sue your company for negligence. Negligence is when you have a duty and your breach that duty. Here, the duty would be to comply with recommendations. Then, the breach would be non-compliance.
Additional steps could protect your business. First, you could require customers to sign a waiver of liability. Second, you could be to check your insurance to make sure that it covers virus outbreaks. Often insurance policies exclude viruses or diseases. Finally, take your business outside when you can.
By not complying with public health guidance, you risk having your business shutdown or other action by public health officials or state and local government.
Contact Julie Tennyson at Marcum Tennyson PLLC to discuss a waiver or ways to protect your business. To book at thirty minute phone consultation, please click here: https://marcumtennyson.cliogrow.com/book/kKiqW8yA1bA6HLxzk5Tfjg