Employee Return to Work Under Covid-19: What Should Employers Do?

Employee Return to Work Under Covid-19: What Should Employers Do?

By Anthony J. Caruso Jr. of Wessels Sherman Joerg Liszka Laverty Seneczko P.C. posted in Coronavirus/COVID-19 on Wednesday, May 27, 2020.

Unfortunately, our country along with all countries, are dealing with the pandemic crisis. As the restrictions are gradually being lifted on the stay-at-home orders, businesses will resume operations with limitations. Employers will be recalling employees back to work. What should employers do to protect themselves against potential workers’ compensation claims and other liability issues?

The Occupational Safety and Health Administration (OSHA) requires employers to protect the health and safety of employees under the general duty clause.

As return to work activities are phased in by governors and elected officials, various guidelines are being implemented. Employers should follow the guidelines as to providing safety devices and protective equipment, sanitation procedures and safety protocols in the operations of the business.

Based upon the above, Employers should prepare written safety rules under Covid-19 to be signed by each individual employee with the following statement included:

I have read and fully understand the above rules and agree to follow such rules. Further, I understand that my failure to follow such rules may result in discipline up to and including termination.

NOTE: If employees are covered under a collective bargaining agreement, Company must bargain with the Union.

The above recommendations should help to minimize an employer’s exposure to workers’ compensation and negligence claims.

If you have any questions, please contact attorney Tony Caruso in our St. Charles office at (630) 377-1554 or by email at

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