On March 2, 2020, we wrote an article “When COVID-19 Comes to Town, You Need a Crisis Response Plan.” That was fifteen days before Tulsa and Oklahoma City issued their first local stay at home orders and sixteen days before Doerner Saunders suspended its monthly newsletter to become an as-needed COVID-19 Alert. Since then, we have covered federal actions, Governor Stitt’s Executive Orders and actions, local orders, and common sense advice. A list of those articles can be found here (though remember, they were written based upon the then state of affairs — which may have subsequently changed.)

Since that time, employers have been all over the spectrum. Some have continued to operate, perhaps with social distancing, with increased sanitation, or through telework. Some have suspended operations in whole or in part. Some have completely shuttered. Now, there appears to be a light at the end of the tunnel as governments are saying businesses can reopen in a phased way.

Whether your business is fully operational now, or you hope to open or expand operations in the coming days, weeks, or months, you will continue to face challenges brought about by COVID-19. If you had a plan when COVID-19 descended upon us all, you probably need to review it. If you did not, you need one now. While we have learned much through this journey, there are still many unknowns that remain.

As Oklahoma businesses face this next chapter, we thought it time to take another look at your Crisis Response Plan, or perhaps more aptly named, your Business Continuity Plan.

What Will Govern the Conditions for Your Business Upon Reopening?

You will need to review any Executive Orders by the Governor. His most recently signed Executive Order addressing the closure of businesses expires April 30. That Order also provides that “social gatherings of more than ten people are prohibited.” It further advises that business that are open should take reasonable steps to protect their employees, workers, and patrons. It defines Vulnerable Individuals at paragraph 21 as adults over age 65 or people of any age with serious underlying medical conditions. Such Vulnerable Individuals “shall stay in their home or place of residence” unless they are conducting essential errands or unless they are working at an essential job. The Governor stated in press conferences that the paragraph regarding Vulnerable Individuals will remain in effect until May 6.

Businesses also need to consider any orders of the local authorities where they operate.

Additionally, certain businesses should consult OSHA regulatory guidance. For example, OSHA has guidance for construction and manufacturing workforces, for package delivery workers, and retail workers. Certainly, if you are in the healthcare field, you should ensure your business is complying with the most recent guidance for a safe workplace.

Don’t Forget there are New Paid Leave Laws

If you simply closed down, don’t forget that on April 1, the Families First Coronavirus Response Act (FFCRA) became the law and, in part, mandated leave for employees affected in a variety of ways by COVID-19. Remember that the FFCRA and its requirements remain in effect through December 31. If you open your doors now, you must display this poster if you employ fewer than 500 employees. (It now comes in eleven languages and you can download those versions from the DOL’s website should you need them.) If you want to read more about the leave requirements, you can catch up on our previous articles here, or read more on the DOL’s website.

What Will Reopening Look Like for Employers?

There is no one answer to this. It will be as varied as the business owners and managers reading this. It will depend upon what you have been doing during these past weeks. Were you fully closed because you are a public facing business such as a salon or restaurant? Did you move your operations to a remote working environment? If so, will you continue that? Will you move everyone (or some) back to the office? How will that be received? Are you in manufacturing? What have you done with regard to social distancing? Have you staggered shifts? Has that cost you more in premium pay? Did you reduce hours? Did you reduce pay?

All this to say, closing may have been easier than reopening. Now, employers are trying to gauge what they will need to reopen, how to pay for it, how to staff it, and whether they will be able to generate enough revenue from it. All excellent questions.

Each business will be looking at what they need to operate. Then, they should be looking at those items in light of COVID-19. For example, if your business used to rely upon salespersons who traveled, how will you handle that going forward? Will you continue to use travel? Is that practical (yet) given other states’ ongoing quarantine restrictions? Do you need to modify your policies in that regard (e.g., restrictions, modifications, quarantining, temperature checks, COVID-19 testing)? Perhaps you alter travel to utilize technology to reach out to your customers because, even if Oklahoma is “open,” other states may not be. These are the types of COVID-19 realities management must consider.

If you have been teleworking, at what point will you bring your staff back to the office, and under what conditions? Employers will be balancing safety, productivity, social distancing, employee concerns, paid leave, and a host of other issues.

If you have furloughed your employees, at what point will you reopen and under what conditions? If you furloughed your employees, how was it done? What communication was provided to them? Will they return?

The Governor spoke repeatedly about “social distancing” and “increased sanitation.” How will your business manage that? These are considerations both for your employees as well as your vendors, patrons, etc.

From the employment perspective, there is more guidance than ever on your interactions with your employees during this crisis — on issues such as taking employees’ temperatures, inquiries about specific COVID-19 related symptoms, employee confidentiality of medical information, obligations to provide accommodations including leaves, etc. These questions should be handled through planning and policies. Not only will these provide you a framework as you embark upon the next phase, but they will provide your employees with a sense of confidence and comfort that you are prepared.

But there are also lots of unanswered questions you may face – questions based upon individual circumstances; employees who do not want to return to work for a variety of reasons; employees who cannot work because they are ill; employees who work while ill unbeknownst to you; or employees who are simply afraid. Employers will need to manage situations in the coming days, weeks, and maybe even months that they have never before confronted. Being prepared for as much as you can is the first step. The second step is to be calm in the face of the unknown.

We wish you much success as you embark upon the reopening or expansion of your business, be that today or in the coming weeks. And, as always, we remain available to assist you during this time.

By Kristen L. Brightmire, kbrightmire@dsda.com