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What Do I Do if a Person Suspected or Confirmed to Have COVID-19 Has Been at My U.S. Facility?

If you have a confirmed or suspected COVID-19 case tied to your premises, what you should do depends on whether the person is an employee or an invitee, such as a customer or business guest.  While the rules are similar, there are some distinctions.

Invitees

If the person is an invitee, follow the evolving guidelines published online by the CDC and state and local health authorities and determine whether the applicable state or local health authorities require a non-employee case to be reported.

Employees

If the person is an employee, also follow the evolving CDC and state and local health authority guidance.  The CDC guidance discusses at length measures businesses should take to reduce the transmission of the virus, to maintain a healthy business operation, and to maintain a healthy work environment.

Moreover, as an employer, you must also comply with OSHA guidance.  There is a significant question as to

What Do I Do if a Person Suspected or Confirmed to Have COVID-19 Has Been at My Facility?

We are posting a series of answers to Frequently Asked Questions and practical advice to consider in the era of COVID-19. These posts are not intended to cover all employee issues or healthcare settings recommendations, but rather are focused on dealing with premises liability involving invitees. Other resources for handling employees include: https://www.osha.gov/SLTC/covid-19/l; https://www.osha.gov/SLTC/covid-19/; https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/cleaning-disinfection.html. Please review other posts related to COVID-19 published on this blog for additional information. If you have questions specific to your company’s individualized situation, contact Susan Brice (susan.brice@bclplaw.com) or Tom Lee (tom.lee@bclplaw.com). For any employment related questions, please contact the BCLP employment lawyer with whom you work or Lily Kurland (lily.kurland@bclplaw.com), who can provide you with information about guidelines and protocols they have developed to assist employers with these issues.

What Do I Do if a Person Suspected or Confirmed to Have COVID-19 Has Been at My Facility?

If

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