TOP 5 COVID-19 ISSUES COMING TO A HR ......o EO 110 and 115 (Regions 6/8 vs. rest) Indoor gathering...

WE’RE BAAAAACK!!!Return to Work and

School/EO 142 and

Return to School Roadmap

– Q&A STYLE!

Clark Hill PLC and the Michigan Association

of School Personnel Administrators (MASPA)

July 9, 2020

©2020 Clark Hill PLC

800-949-3120| clarkhill.com

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WELCOME PARTICIPANTS

FROM CLARK HILL AND MASPA!!!


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Sarah EarnestAssistant Superintendent for Employee Relations, Wyoming Public Schools

President, MASPA


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TODAY’S PLAYERS

SPEAKERS


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MODERATOR

Liza M. Kelly, J.D., PHRExecutive Director of Labor Relations and Personnel, Howell Public Schools

President Elect, MASPA

Kara T. Rozin Nancy L. Mullett Joseph B. Urban


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WHAT’S UP?

• Governor Whitmer’s Executive Order 2020-142 and Back to School

Roadmap – Key Points and Takeaways

• Requirements and recommendations for Administrators and Human

Resources Departments for staff and students returning to school

• Required health and safety requirements, PPE and screening

procedures for staff and students

• Implications from staff fearful of returning to in-person work

• Excluding staff from the workplace due to COVID-19 concerns

• Leave Policies and Procedures, Accommodation requests, etc.


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WARNING !!!

This presentation contains general recommendations and information and should not be relied upon for any specific purpose without consultation with legal counsel and in the context of specific facts and circumstances.

Remember: “The More Things Change, The More They Remain The Same!”


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EXECUTIVE ORDER 2020-142 AND

BACK TO SCHOOL ROADMAP


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What You Should Know!


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QUESTION 1

Q: What are the Key Points from Executive Order 2020-142?


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Q1: EO 2020-142 KEY POINTS

• Preparedness Plan:

o Phase I-3, Phase 4 and Phase 5 – aligned with MI Safe Start

Plan

▪ vs. the MI Safe Start Map

o Must align with the MI Return to School Roadmap

o PPE, health and safety screenings, athletics, cleaning,

hygiene, food service, etc.

o “Roll in” procedures for next Phase.

o Due by August 15, 2020 or 7 days prior to start of school

year, whichever earlier.


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• Approved by Board of Education.

• ISDs/Authorizing bodies: By August 17, 2020, collect local

Plans and submit to State Superintendent and State Treasurer.

• By August 17, 2020, all schools post Plan to website.

• May partner with other districts or ISD to create and

implement Plan.

• May NOT open or operate for in-person instruction in 2020-

2021 until Plan is approved.


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• Special Education

o When a school provides in-person instruction, must also

provide in-person instruction to students with disabilities.

o When a school is closed to in-person instruction, schools

must strive “in good faith and to the extent practicable” to

provide equal access to alternative modes of instruction to

students with disabilities.

o While any State of Emergency exists, schools should

continue to follow guidance from MDE, OCR, etc. regarding

delivery of alternate modes of instruction to special

education students.


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• Implementation:

o EO 65 is rescinded EXCEPT:

▪ Part I(2) – I (13): Strict compliance with School Aid Act or Revised School Code suspended

▪ Part IV: Assessments

▪ Part VI: Special Education

▪ VII: Temporary Suspension of Administrative Rules

▪ VIII: Temporary Suspension of certain certification/continuing learning requirements

▪ IX: Implementation

o Remain in effect through September 30, 2020


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• Implementation:

o EO 110 and 115 (Regions 6/8 vs. rest)

▪ Indoor gathering restrictions don’t apply to classrooms and students

o EO 114 – Workplace Safety (Section 1)

▪ COVID Response Plan

▪ Worksite supervisor(s)

▪ COVID training

▪ Daily health and safety screenings

▪ Social distancing

▪ Face coverings/PPE

▪ Increased cleaning and sanitation

▪ “Promote remote work to the fullest extent possible.”


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• Implementation:

o All schools must cooperate with the local public health

department if a confirmed case of COVID-19 is identified,

and in particular, must collect the contact information for

any close contacts of the affected individual from two days

before s/he showed symptoms to the time s/he was last

present at school.

▪ “Close contact” = w/in 6 feet for 15 minutes or more.


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• Preparedness Plan:

o Phases I-III: (5) Provide for the continued pay of school

employees while redeploying staff to provide meaningful

work in the context of the Preparedness Plan, subject to any

applicable requirements of a collective bargaining

agreement.

o Sound familiar?

o Layoffs?


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• Implementation:

o A school may adopt a year-round calendar or program or

start 2020-2021 school year before Labor Day.

▪ Remember: obligation to bargain calendar except for 1st

student day.

o Order must be implemented in a manner consistent with

CBA.

o From Roadmap: Schools should work with their local

bargaining units to ensure the current CBAs are followed or

LOA/MOUs are developed or executed as appropriate,

particularly related to expanded job responsibilities.


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QUESTION 2

Q: What are the Key Points from the Back to School

Roadmap?


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Q2: BACK TO SCHOOL ROADMAP KEY POINTS

• 6 Phases in line with the MI Safe Start Plan

o Phases 1-3: No in-person instruction; remote/virtual.

o Phase 4: In-person instruction/remote or virtual allowed;

strict required safety protocols.

o Phase 5: In-person instruction moderate required safety

protocols (no required, only strongly recommended and

recommended).

o Phase 6: In-person instruction with minimal required safety

protocols. Many safety protocols no longer required at all

(i.e. athletics, food service, cleaning, etc.).


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• Is that all? Nope!

o Return to School Advisory Council and MDE to provide

additional supplemental guidance.


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• Required vs. Strongly Recommended vs. Recommended

o Required: MUST be contained in K-12 schools

Preparedness Plan and implemented. The most feasible

protocols that will minimize risk of exposure to COVID.

o Highly Recommended or Recommended: Optional and

schools may choose to incorporate into Plans and adopt.

May not be feasible in all settings, so can “cherry pick”

between schools, buildings, grade levels, etc.


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• Cooperation and Coordination with local health department is crucial

o Weekly discussions with local health department

o Appoint key contact or team w/in District

o Understand changing trends and health/safety requirements vs. recommendations

o Reporting cases or suspected cases

o Adhering to recommendations on self-quarantining staff/students or when staff/students may safely return to school

o Contact tracing assistance and scope

o Classroom/building closures and disinfecting/cleaning procedures


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• Health and Safety Screening and Responding to suspected or known COVID-19 cases = must cooperate with local health department!

• Symptomatic students/staff and quarantine procedures = follow current CDC guidelines:

o Symptoms (but not tested positive): remain at home until symptom/fever free for 72 hours (3 full days) without the use of fever-reducing or other symptom-altering medicines (e.g., cough suppressants)

o Test Positive and symptom free: ten (10) days have passed since the date of his or her first positive test, and he/she has not had a subsequent illness.

o Test positive w/ symptoms: (1) at least 72 hours (3 full days) have passed since recovery; and (2) at least ten (10) days have passed since symptoms first appeared.

o Test positive and hospitalized: may return when directed to do so by their medical care providers.

o Close Contact to Person with COVID-19: self-quarantine for 14 days.


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• Regions are Important (at least right now!)

• Phase 4 vs. Phase 5:

o Athletic events and outdoor spectators: 100 vs. 250

o Indoor assemblies/indoor sport events

o Authority to remain in stricter Phase of Roadmap? (page 9 – stay

tuned!)


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QUESTION 3

Q: Should a District start thinking about absenteeism now?

How does a District find substitute staff for expected

absences of staff, some for 2 weeks?


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Q3: ABSENTEEISM

• When is this NOT an issue? Does COVID-19 just make it worse?

• Start brainstorming NOW! Preparation is KEY!

• From Roadmap, Phase 4 (Strongly Recommended):

o Conduct staff outreach to understand who is coming back (retirement, resignation, high-risk?)

o Assess need for new or additional positions

o Recruit, interview and hire new staff (remotely, if possible)

o Consider redeploying staff to serve core needs

o Identify and/or modify staff positions to enable high risk staff to perform remote work (in conjunction with union, where applicable)

o Inventory your substitute teacher availability

o Communication and knowledge is KEY! Can avoid issues regarding subjective fears/beliefs regarding RTW


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HUMAN RESOURCES/EMPLOYEE


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QUESTION 1

Q: Can the District require adults to execute liability

waivers?


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Q1: LIABILITY WAIVERS?

• Waivers, waivers, waivers! First, the law:

o First, not everything may be waived, like statutory rights; and second, we need to discuss the context and the category of an adult being asked to sign a waiver. Is he/she part of a union? A parent? A parent being asked to execute a waiver regarding his/her child? The outcomes will differ.

o In Michigan, a liability waiver signed by an adult that is clear and unambiguous is generally enforceable.

o Michigan public schools and public school academies enjoy qualified “governmental immunity,” which means that the organization and its officers, employees, members and volunteers are immune from tort liability provided they are acting within the exercise or discharge of a governmental function and are not grossly negligent such that the actions proximately cause the injury.

▪ “Gross negligence” means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.


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Q1: LIABILITY WAIVERS?

o Charter schools must be careful! Employees of management companies and vendors serving charters likely do NOT enjoy governmental immunity. The standard in such case is most likely an “ordinary negligence” standard.

o On a practical level, governmental immunity should provide the school district with the desired protection.

o As a general rule, while Michigan is generally supportive of the concept of consenting waiver, given the novelty of the pandemic, it would not be recommended to rely on a liability waiver alone.

o There are also political considerations to be discussed.


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QUESTION 2

Q: Is working from home a reasonable accommodation

under the ADA?


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Q2: WORKING FROM HOME – REASONABLEACCOMMODATION?

YES……

……and NO!

The reasonableness of an accommodation is approached through the interactive process – just as in the past!

• EEOC has issued developing guidance on this topic.

• There are a few concepts that are worth considering:

o People considered to be at higher risk for severe illness include those aged 65 years and older and people of any age who have a serious underlying medical condition that is not well controlled (such as chronic lung disease, asthma, heart conditions, immune deficiencies, cancer, HIV or AIDS, severe obesity, diabetes, kidney disease and liver disease).


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o Higher-risk employees should let the employer know of the need for an accommodation. There is no “magic formula” for this, just as with typical EEOC/ADA accommodations issues. Also, medical documentation may be requested if the need is not obvious.

o Upon notice of a need for an accommodation, the interactive process is initiated, where the discussion centers around the traditional questions of:

▪ How the requested accommodation will effectively address the limitation(s) the disability puts on the performance of essential job functions;

▪ Whether another accommodation would better address the issue;

▪ How an accommodation would enable the performance of the position’s essential functions.

o The “direct threat” analysis should not be used reflexively to exclude employees from the workplace. It has a high standard.


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• Ultimately, these decisions are a balancing test between the requested (or alternative) accommodation and any undue hardship to the employer.

• Employers should:

o Document the disability and request for accommodation;

o Document the interactive process; and

o Document any “direct threat” analysis.

• Generally, fear of returning to work (absent an underlying mental health condition) is not a disability, but if the request is made, the interactive process should be initiated.


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QUESTION 3

Q: Is age and/or underlying health conditions a disability

under COVID which would require an accommodation?


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Q3: AGE/HEALTH CONDITIONS A DISABILITY UNDER COVID - ACCOMMODATION?

• It certainly could be, under the EEOC developing guidance.

• Just as in the past, the interactive process would be initiated

when/if the employer has reason to believe the employee is

requesting an accommodation.


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QUESTION 4

Q: How does a District handle staff who have pre-existing

conditions and are uncomfortable returning to work in

the fall?


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Q4: PRE-EXISTING CONDITIONS – RETURN IN THE FALL?

• Generally, as discussed above, “fear” or “discomfort” about returning to work is not a recognized disability.

• Such a statement of “fear” or “discomfort” in returning to work is essentially a request for an accommodation. The employer has a right to understand the rationale for the request through the interactive process.

o As discussed above, the interactive process surrounding an accommodation request involves an analysis of the claimed disability, the feasibility of the accommodation, and any undue hardship it may cause.

o This process should be documented.

o This does NOT mean that we should not be understanding and compassionate in assessing the situation!


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QUESTION 5

Q: If a District is running a virtual instruction platform, do

teachers who have pre-existing conditions have to be

given priority in online teaching? What if they are not a

good fit for online instruction?


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Q5: ONLINE TEACHING?

• As in teacher evaluations, precise terminology and fact-based analysis is key to responding to this question.

• If the term “pre-existing conditions,” means a condition that the employee believes is a disability, the analysis of an accommodation applies.

• A disability does not necessarily allow the employee to perform functions for which he/she is not qualified.

• The interactive process should be well documented and, if the employee cannot be accommodated without an unreasonable hardship to the employer, that employee would not be entitled to the accommodation. An unreasonable hardship could be created if, for example:

o The employee does not possess proper certification;

o The employee does not have access to the technology at home and refuses (or can’t, due to the disability) to come to school.

• Simply using generic terms like “not a good fit” is not recommended.


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QUESTION 6

Q: How should Districts address blanket doctor's notes that

state an employee is to be excused from work due to

concerns surrounding C19 for extended periods such as

months off or a full school year?


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Q6: BLANKET DOCTOR NOTES

• After going through the interactive process, a leave or time off may be

deemed an accommodation.

• COVID-19 is a condition that creates an eligibility for FMLA leave, and thus

the employer should look to its FMLA policies.

• Currently, the FFCRA extension of FMLA eligibility is in effect through

December 31, 2020. As a review, covered employees must be given up to

12 weeks of leave (first 10 days unpaid but remainder paid) when the

employee is unable to work (or telework) in order to care for the employee’s

minor child whose school or daycare is closed or whose child-care provider

is unavailable due to COVID-19.


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QUESTION 7

Q: How does a District handle the union’s inevitable

response that the employee should be paid during this

time?


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Q7: RESPONSE TO UNION REGARDING PAY

• Although the pandemic is presenting new contexts for old questions, the analysis, in the majority of cases remains the same!

• First, one should look to the collective bargaining agreement and the history between the parties.

• Next, one should look to the facts and circumstances.

o Avoid a “one solution for all scenarios” situation – there may be a critical difference between an employee who became infected while at work versus one who became infected from hanging out in a crowded bar without a mask.

o Also, do not forget that an alternative to self-quarantine may, in appropriate circumstances, be using the CDC testing strategy in which at least two consecutive respiratory specimens that are collected at least 24 hours apart result in a negative result.


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Q7: RESPONSE TO UNION REGARDING PAY

• This is a good time to add a discussion about so-called “childhood

disease” clauses in some collective bargaining agreements.

o These clauses purport to provide added or enhanced leave benefits for

employees who contract one of an enumerated set of illnesses.

o First, this language, if existing, should be circumscribed and HR staff

should look at this clause and (1) closely parse the language and (2)

determine how it was administered in the past.


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SAFETY CONCERNS


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QUESTION 1

Q: What kind of Plan should a District have in place? What

should be in it?


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Q1: DISTRICT PLAN

• There are 3 primary sources for Safety Plan requirements.

o MI Safe Schools Roadmap

o EO 2020-142

o EO 2020-114

• Do not be surprised if you find discrepancies and ambiguities across the

various documents.

• Other employers have been where you are in reopening.

• Goal is to make decisions that can be supported by the various documents –

modify as more guidance is released.

• And guidance is coming ……


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Q1: DISTRICT PLAN

How To Use The Roadmap:

• Local education leaders should use the Roadmap to understand what safety

protocols must be implemented, and to develop detailed district and

building-level plans for how to implement the required safety protocols

described in the Roadmap.

• Families, students, and community stakeholders should use the Roadmap to

understand what safety protocols will be in place when students return to

school for in-person instruction.

• All PreK-12 schools must follow the safety protocols outlined in the

Roadmap which are noted as “required.”

• Many schools may also choose to implement some or all of the “strongly

recommended” or “recommended” practices, thus going beyond what is

required.


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Q1: DISTRICT PLAN

FACIAL COVERING REQUIREMENTS - STAFF

• Facial coverings must always be worn by staff except for meals.

• Facial coverings may be homemade or disposable level-one (basic) grade surgical masks.

• If homemade - must be washed daily.

• If disposable - discard each day.

• Any staff member who cannot medically tolerate a facial covering must not wear one.

• Any staff member that is incapacitated or unable to remove the facial covering without assistance, must not wear a facial covering.

• PreK-5 and special education teachers should consider wearing clear masks.


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Q1: DISTRICT PLAN

FACIAL COVERING REQUIREMENTS - STAFF


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Q1: DISTRICT PLAN

FACIAL COVERING REQUIREMENTS - BUS

• Facial coverings must be worn by PreK-12 students, staff, and bus drivers

during school transportation.

• Any staff or student that is unable to medically tolerate a facial covering

must not wear one.

• Any staff or student that is incapacitated or unable to remove the facial

covering without assistance, must not wear one.

• Facial coverings may be homemade or disposable level-one (basic) grade

surgical masks.


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Q1: DISTRICT PLAN

FACIAL COVERING REQUIREMENTS - STUDENTS

• Facial coverings must always be worn in hallways and common areas by

PreK-12 students in the building except for during meals. Any student that

is unable to medically tolerate a facial covering must not wear one. Any

student that is incapacitated or unable to remove the facial covering

without assistance, must not wear one. Facial coverings may be homemade

or disposable level-one (basic) grade surgical masks.

• Homemade facial coverings must be washed daily.

• Disposable facing coverings must be disposed of at the end of each day.

• Note: Students with significant disabilities preventing the use of facial

coverings are referred to forthcoming guidance from MDE.


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Q1: DISTRICT PLAN

FACIAL COVERING REQUIREMENTS - STUDENTS

• Facial coverings must be worn in classrooms by all students grades 6-12.

• Any student who cannot medically tolerate a facial covering must not wear

one.

• Any student who is incapacitated, or unable to remove the facial covering

without assistance, must not wear one.

• All students in grades K-5 must wear facial coverings unless students

remain with their classes throughout the school day and do not come into

close contact with students in another class.

• Think ahead of how to deal with resistive students!

GOOD LUCK TEACHERS!


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Q1: DISTRICT PLAN

CLEANING REQUIREMENTS - BUILDING AND CLASSROOM

• Frequently touched surfaces including light switches, doors, benches,

bathrooms, must undergo cleaning at least every four hours with either an

EPA-approved disinfectant or diluted bleach solution.

• Libraries, computer labs, arts, and other hands-on classrooms must

undergo cleaning after every class period with either an EPA-approved

disinfectant or diluted bleach solution.

• Student desks must be wiped down with either an EPA-approved

disinfectant or diluted bleach solution after every class period.


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Q1: DISTRICT PLAN

CLEANING REQUIREMENTS - BUILDING AND CLASSROOM

• Playground structures must continue to undergo normal routine cleaning,

but using an EPA-approved disinfectant is unnecessary.

• Ensure safe and correct use and storage of cleaning and disinfection

products, including storing products securely away from children, and with

adequate ventilation when staff use products.

• Staff must wear gloves, surgical mask, and face shield when performing all

cleaning activities.


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Q1: DISTRICT PLAN

CLEANING REQUIREMENTS - BUS

• Require the use of hand sanitizer before entering the bus.

• Hand sanitizer must be supplied on the bus.

• The bus driver, staff, and all students in grades PreK-12, if medically feasible,

must wear facial coverings while on the bus.

• Note: there may be situations where it is not safe for the bus driver to wear

a facial covering.

• Decisions about these situations should be made on a case-by-case basis

with local public health officials.

• Clean and disinfect transportation vehicles

before and after every transit route.


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Q1: DISTRICT PLAN

CLEANING REQUIREMENTS - BUS

• Clean and disinfect frequently touched surfaces in the vehicle (e.g., surfaces in the driver’s cockpit, hard seats, arm rests, door handles, seat belt buckles, light and air controls, doors and windows, and grab handles) prior to morning routes and prior to afternoon routes.

• Clean, sanitize, and disinfect equipment including items such as car seats, wheelchairs, walkers, and adaptive equipment being transported to schools daily.

• If a driver becomes sick during the day, they must follow protocols for sick staff and must not return to drive students.

• Weather permitting, keep doors and windows open when cleaning the vehicle and between trips to let the vehicles thoroughly air out.

• Weather permitting, consider keeping windows open while the vehicle is in motion to help reduce spread of the virus by increasing air circulation, if appropriate and safe.


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Q1: DISTRICT PLAN

CLEANING REQUIREMENTS - STUDENTS

• Children must not be present when a vehicle is being cleaned.

• If a student becomes sick during the day, they must not use group

transportation to return home.

• Create a plan for getting students home safely if they are not allowed to

board the vehicle.


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Q1: DISTRICT PLAN

EMPLOYEE TRAINING REQUIREMENTS

• EO 2020-114 requires training to employees that includes at a minimum:

o Workplace infection control

o Proper use of PPE

o Process for notifying employer of suspected or confirmed case of COVID-19

• The Roadmap does not contain the training requirements.

• EO 2020-142 states “All schools .. Are subject to the rules governing workplace safeguards in Section 1 of EO 2020–114”.

• If you can work the training - Benefit of training is it allows employers the opportunity to actually role play some scenarios – for example, if there is a screening process upon entry, you can role play how to deal with an uncooperative person.


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Q1: DISTRICT PLAN

SOCIAL DISTANCING REQUIREMENTS

• No Requirements in the Roadmap / Strong Recommendations

o Space desks six feet apart in classrooms. Class sizes should be kept to

the level afforded by necessary spacing requirements.

o In classrooms where large tables are utilized, space students as far apart

as feasible.

o As feasible, arrange all desks facing the same direction toward the front

of the classroom.

o Teachers should maintain six feet of spacing

between themselves and students

as much as possible.


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Q1: DISTRICT PLAN

SOCIAL DISTANCING REQUIREMENTS

• No Requirements in the Roadmap / Strong Recommendations

o Family members or other guests are not allowed in the school building except under extenuating circumstances determined by district and school officials.

o Post signage to indicate proper social distancing.

o Floor tape or other markers should be used at six-foot intervals where line formation is anticipated.

o Provide social distancing floor/seating markings in waiting and reception areas.

o Post signs on the doors of restrooms to indicate proper social distancing and hand hygiene techniques.

o The recommendations in the Roadmap are Requirements in EO 2020-114.


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QUESTION 2

Q: Must the District provide PPE and sanitizers for

staff/students?


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Q2: DISTRICT PROVIDE PPE/SANITIZER?

REQUIRED in Roadmap

• Provide adequate supplies to support healthy hygiene behaviors (including soap, hand sanitizer with at least 60% alcohol for safe use by staff and students, paper towels, tissues, and signs reinforcing proper handwashing techniques).

• Teach and reinforce handwashing with soap and water for at least 20 seconds and/or the safe use of hand sanitizer that contains at least 60% alcohol.

• No specific requirement in the Roadmap or EO 2020-142 to supply masks.

• EO 2020-114 requires employers to provide masks.

• Reality – Masks are required to be worn. Schools should have masks on hand to provide for students that forget, members of the public that are unaware of requirements and for any staff that object to providing their own.


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QUESTION 3

Q: Is OSHA / MIOSHA implicated?


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Q3: OSHA / MIOSHA

YES!

• EO 2020-114 requires that all businesses or operations that require employees to leave their homes must

o Develop a COVID-19 preparedness and response plan consistent with the recommendations in Guidance on Preparing Workplaces for COVID-19 developed by the Occupational Health and Safety Administration.

• The Roadmap recommendations on cleaning and disinfection are derived from CDC, EPA, and OSHA standards.

• OSHA guidance can be found at: https://www.osha.gov/Publications/OSHA3990.pdf

• Remember its guidance. Not a mandate. Covered in this presentation.

• Incorporate the items from the guidance that meet the requirements in the Roadmap or that are helpful to your District.


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https://www.osha.gov/Publications/OSHA3990.pdf


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QUESTION 4

Q: Are there any quarantine requirements that a District

should implement when an employee or student returns

from traveling/vacation, such as to Florida? What about

Europe?


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Q4: TRAVEL - QUARANTINE REQUIREMENTS?

• No Requirements.

• Discretion to develop your own process.

• Should be based on COVID-19 status in your area and area of travel

o Example: If student is traveling to Florida right now, a period of quarantine upon return (and online access if available) would be prudent.

o A student traveling to Hawaii – quarantine is not necessary.

o Communicate with parents in advance that certain travel restrictions may be implemented.

o At the least, request that parents inform school in advance of any trip planned.

o Upon return, at a minimum, ask screening questions and monitor for symptoms daily.


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QUESTION 5

Q: What are the procedures a District should take if a

student or staff member becomes ill while at school?

- quarantine / isolate room?

- require a medical note to return?


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Q5: DISTRICT PROCEDURES FOR ILLSTUDENT/STAFF

REQUIRED in Roadmap

• Cooperate with Public Health regarding any protocols they

require.


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STRONGLY RECOMMENDED in Roadmap

• Every school should identify and designate a quarantine area and a staff person to care for students who become ill at school.

• Students who become ill with symptoms of COVID-19 should be placed in an identified quarantine area with a surgical mask in place until they can be picked up.

• Identified school staff caring for these children should wear a surgical mask, with the exception of students with special needs requiring aerosolized procedures in which an N95 mask is required.

• Symptomatic students sent home from school should be kept home until they have tested negative or have completely recovered according to CDC guidelines.


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• Staff should conduct daily self-examinations, including a

temperature check, prior to coming to work. If they exhibit any

respiratory or gastrointestinal symptoms, or have a temperature of

100.4 or greater, they should stay home.

• Staff who develop a fever or become ill with COVID-19 symptoms at

school should wear a mask and be transported for off-site testing or

directed to their health care provider.


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QUESTION 6

Q: What is the HR procedure when an employee tests

positive, has symptoms, or is in "close contact" with

someone who tests positive? What are the pay and leave

implications and documentation requirements?


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Q6: HR PROCEDURE FOR POSITIVE TESTS

REQUIRED in Roadmap

• All schools, public and private, must cooperate with the local public

health department if a confirmed case of COVID-19 is identified, and

in particular, must collect the contact information for any close

contacts of the affected individual from two days before he or she

showed symptoms to the time when he or she was last present at

the school.

• Not as easy as it seems. For example, student shows symptoms on

Thursday. School collects contacts from Tuesday and Wednesday.

• Please write down all the people you have had contact with

since Tuesday morning….


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• Notify local health officials, staff, and students immediately of any possible

case of COVID-19 while maintaining confidentiality consistent with the

Americans with Disabilities Act (ADA) and other applicable federal and state

privacy laws.

• The Local Health Department will initiate contact tracing, following regular

public health practice. Schools can help the local health department by

collecting data and contact information of those exposed.

• Employees with a confirmed case of COVID-19 should only return to the

workplace after they are no longer infectious.

• Local health officials will provide instruction about return to work, using the

most current guidelines from the CDC for this determination OR require a

doctor’s clearance.


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• Deep clean the area.

• Cleaning staff should wear a surgical mask, gloves, and a face shield when performing cleaning of these areas.

• If possible, smaller areas such as individual classrooms should be closed for 24 hours before cleaning to minimize the risk of any airborne particles.

• Families should be notified of the presence of any laboratory positive or clinically diagnosed cases of COVID-19 in the classroom and/or school to encourage closer observation for any symptoms at home.

o Note: schools should provide staff with guidance on confidentiality laws and statutes that protect student and staff health information. Student communicable disease related information is protected health information. (Even if a family/student acknowledges and publicly discloses a positive test, school staff and officials must not participate in discussions or acknowledge a positive test).


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QUESTION 7

Q: What are staff implications for a student who tests

positive?


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Q7: STAFF IMPLICATIONS/POSITIVE STUDENT

• Remaining students and staff should be closely monitored for

any symptoms of COVID-19.

• At this time, empiric testing of all students or staff members in

the class is not recommended.

• Only those that develop symptoms require testing for COVID-

19.

• Schools may have stronger protocols.


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QUESTION 8

Q: What can the District require of returning students

and/or staff?

- temperature checks

- health screening questionnaire

- require masks or other PPE


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Q8: REQUIREMENTS OF RETURNINGSTUDENTS/STAFF

SCREENING REQUIREMENTS

• Roadmap requirement is to cooperate with your local Public

Health Department regarding any screening protocols they

require.

o Strong Recommendation in Roadmap

▪ Adult guests entering the building should be screened for

symptoms, wear a facial covering, and wash/sanitize hands prior to

entering. Strict records, including date and time, should be kept of

non-school employees or other visitors entering and exiting the

building.


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Q8: REQUIREMENTS OF RETURNINGSTUDENTS/STAFF

o There are requirements in EO 2020-114

▪ Conduct a daily entry self-screening protocol for all employees …. including at a minimum a questionnaire covering symptoms and suspected or confirmed exposure to people with possible COVID-19.

▪ Good practice and easily achieved. There are apps and forms that easily allow employees to screen in advance of coming to work.

▪ Those electronic forms can be modified and printed in hard copy for use with visitors.

https://forms.office.com/Pages/ResponsePage.aspx?id=KtBuU7zvBEGKEWwRQz6eA-OGZV7IAr9ChDKwTZu_ZldUQ1BKRTk4VUpDSzVCWUlYQksyNDNUUzdUWS4u


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https://forms.office.com/Pages/ResponsePage.aspx?id=KtBuU7zvBEGKEWwRQz6eA-OGZV7IAr9ChDKwTZu_ZldUQ1BKRTk4VUpDSzVCWUlYQksyNDNUUzdUWS4u


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TO MAKE IT EASIER : ELEMENTS OF A GOOD SAFETY PLAN

• Infection Control and Cleaning Protocols

• Cleaning Supplies Provided to Staff

• Daily Entry Screening Tool

• One Point of Entry

• Mask or Six Feet or Barriers

• Traffic Flow - Ground Markings

• Signage Reminding ….. (handwashing, masks, social distance

• Provide PPE

• Provide Hand Sanitizer

• Protocol for Sick Student or Staff

• Protocol for Suspected/Confirmed Cases

• Templates for Parent Communications


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READING ROOM

• CDC Guidelines: https://www.cdc.gov/coronavirus/2019-ncov/if-you-

are-sick/end-home-

isolation.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fc

oronavirus%2F2019-ncov%2Fprevent-getting-sick%2Fwhen-its-

safe.html

• Clean/Disinfect/Sanitize: https://www.cdc.gov/coronavirus/2019-

ncov/community/organizations/cleaning-disinfection.html

• EPA Approved Disinfectant: https://www.epa.gov/pesticide-

registration/list-n-disinfectants-use-against-sars-cov-2-covid-19

• Recruiting & Hiring Remotely:

https://tntp.org/assets/documents/Virtual_Talent_Guide-TNTP.pdf

• Clark Hill COVID page: https://www.clarkhill.com/pages/covid-19


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https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/end-home-isolation.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fprevent-getting-sick%2Fwhen-its-safe.html

https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html

https://www.epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2-covid-19

https://tntp.org/assets/documents/Virtual_Talent_Guide-TNTP.pdf

https://www.clarkhill.com/pages/covid-19


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THANK YOU TO OUR FRIENDS AT MASPA


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THANK YOU TO ALL PARTICIPANTS!


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Kara T. Rozin

[email protected]

616-608-1110

Nancy L. Mullett

[email protected]

616-608-1147

Joseph B. Urban

[email protected]

(248) 988-1829

mailto:[email protected]



TOP 5 COVID-19 ISSUES COMING TO A HR ......o EO 110 and 115 (Regions 6/8 vs. rest) Indoor gathering...

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