What are the guidelines for COVID-19 response in workplaces? What will the employee do if he tests positive for the virus? Are there responsibilities of the employer to his employee?
The Covid-19 pandemic gets worse
Recently, we have seen an explosion of COVID-19 cases in the Philippines. The daily confirmed cases are now by the thousands. The country’s statistics are stunning.
For example, the positivity rate of cases in the Philippines has reached at least 25%. This translates to one (1) positive case for every four (4) people tested for the virus.
But that number alone may not reflect the true picture of actual COVID-19 cases. There have been criticisms about the low rate of testing and ineffective contact tracing in the country. If that were true, we are only scratching the surface of positive cases!
As the pandemic rages, it gets worse. The most we can do now is to be extra careful in our movements outside our homes and in our workplaces.
Flexible work arrangement
Many employers have now adopted alternative work arrangements. Yet there are some workers who have to be physically present in their workplaces. There are jobs whose nature does not fit in a flexible arrangement outside the employer’s place of business or operations.
With the economy partially open, businesses and offices have heightened their protocols to prevent transmission of the virus in workplaces. An employer’s proactive role in his COVID-19 response will make or break his business.
In this article, we tackle some general guidelines for the employer in dealing with COVID-19. The most important question an employer might ask is what if his employee contracts COVID-19.
Safety first
Both the employers and workers must follow the minimum health standards to prevent transmission of COVID-19. The safety of everyone in workplaces must be a top priority.
The Department of Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) have issued interim guidelines on workplace prevention and control of COVID-19.
The employer is free to make additional and reasonable protocols on top of the minimum health standards. This is part of the employer’s management prerogative.
Some minimum health standards
1. The employer and the workers must wear facemasks at all times. They can remove facemasks while eating or drinking. Employers shall provide the appropriate facemasks for workers.
2. The employer and workers must accomplish daily the health symptoms questionnaire and submit it to a designated safety officer prior to entry.
3. There should be checking and recording of body temperature in the health symptoms questionnaire.
Any personnel with a temperature of more than 37.5 degrees Celsius, even after a 5-minute rest, must be isolated in an area identified by the company and not allowed to enter the premises. The same protocol is applicable if a worker’s response in the questionnaire needs further evaluation by the clinic staff.
Establish a well-ventilated isolation area. There should also be frequent disinfection.
4. Clinic staff assigned to assess the workers held in the isolation area shall be provided with appropriate medical grade personal protective equipment (PPE) by the establishment.
5. Regularly clean and disinfect all work areas and frequently handled objects such as doorknobs and handles at least once every two (2) hours.
6. All washrooms and toilets must have sufficient clean water and soap. Encourage the workers to wash their hands frequently and avoid touching their eyes, nose, and mouth.
7. Make sanitizers available in corridors, conference areas, elevators, stairways, and areas where workers pass.
8. Workers, whether in office workstations or in operation areas, must always practice physical distancing. This is a minimum of one (1) meter radius space (side, back, and front) between workers.
9. Clean and regularly disinfect canteens and kitchens.
In summary, the minimum public health standards include physical distancing, hand hygiene, cough etiquette, and wearing of masks, among others.
Workers Returning For Work
The Department of Health (DOH) has issued memorandum 2020-0220. Employers must conduct a screening on their employees returning to their workplaces. This screening includes temperature checks and monitoring of COVID-19 symptoms.
Returning employees and workers physically reporting to their place of employment shall be screened for symptoms of COVID-19, including fever, cough, colds and other respiratory symptoms, and/or relevant history of travel or exposure within the last 14 days.
The relevant history of exposure within the last 14 days includes a close contact of a positive COVID-19 case.
A person is a close contact when he has experienced any one of the following exposures during the two (2) days before or within 14 days from onset of symptoms of a confirmed or probable case:
1) Face-to-face contact with a confirmed case within 1 meter and for more than 15 minutes.
2) Direct physical contact with a confirmed case.
3) Direct care for a patient with probable or confirmed COVID-19 disease without using proper personal protective equipment.
Under Labor Advisory No. 18, series of 2020, the employers must shoulder the costs for COVID-19 prevention and control measures. The costs include testing kits, disinfection, facilities, hand sanitizers, PPEs, facemask, signage, orientation, and training of workers on COVD-19 prevention and control.
What if the employee is symptomatic?
In the interim guidelines of the DTI and DOLE, a returning employee or worker who is symptomatic with relevant history of travel/exposure on the date of work resumption must not be allowed to physically return to work.
He must consult with his primary care provider for proper medical attention.
If the returning employee or worker is symptomatic with relevant history of travel/exposure within the last fourteen (14) days prior to the date of work resumption, he must present a certificate of quarantine completion.
This certificate must be issued by the step-down care facility or local health office, whichever is applicable, based on the latest DOH guidelines on the reintegration of suspect, probable, and confirmed COVID-19 cases.
What if the employee does not have any symptoms?
If the employee or worker is asymptomatic within the last fourteen (14) days prior to the date of work resumption, he can be cleared to physically return to work.
Testing the employees
Employers may opt to test their employees or workers. Employers may also test a representative sample of those returning workers.
This representative sample consists of those at high risk of contracting the virus due to the nature of their work. An example is a worker who is on the frontlines of the business.
Covid-19 RT-PCR test
The gold standard test for COVID-19 is the Real-Time Reverse Transcription Polymerase Chain Reaction (RT-PCR) test. This test determines the presence of the virus in a specimen collected from an individual.
If the employee tests positive for the virus, he must be isolated and referred for appropriate management.
His close contacts must be isolated and tested as well.
If the employee tests negative, he can continue working. He must still follow the minimum health standards.
If the employee initially tests negative but later developed symptoms, he must be tested accordingly. If the test yields a positive result, his close contacts must be isolated and tested accordingly.
Isolation vs. Quarantine
The terms isolation and quarantine are sometimes interchanged in conversations. These terms, however, are not synonymous with each other.
DOH memorandum 2020-0439 has clarified the difference between isolation and quarantine.
Isolation refers to the separation of sick people with a contagious disease from people who are not sick. Isolation intends to treat and monitor suspect, probable, and confirmed cases.
Quarantine refers to the separation and movement restrictions of people who were exposed to a contagious disease to see if they become sick. Quarantine intends to keep individuals under observation to see if they will develop COVID-19 signs or symptoms or if they will test positive for COVID-19.
Notify the DOH
COVID-19 has been classified as a notifiable disease.
Republic Act (RA) No. 11332 or the “Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act” defines this term.
Notifiable disease refers to a disease that, by legal requirements, must be reported to the public health authorities
Last March 17, 2020, the DOH issued Administrative Order No. 2020-0012 which classified COVID-19 as a notifiable disease to be mandatorily reported to public health authorities.
A public health authority includes the DOH or a local health office in the province, city, or municipality.
Employers should report suspect, probable, or confirmed cases and the results of their tests.
RA No. 11332 makes non-cooperation of persons and entities that should report and/or respond to notifiable diseases or health events of public concern a prohibited act.
Under section 10 of the law:
Any person or entity found to have violated Section 9 of this Act shall be penalized with a fine of not less than Twenty thousand pesos (₱20,000.00) but not more than Fifty thousand pesos (₱50,000.00) or imprisonment of not less than one (1) month but not more than six (6) months, or both such fine and imprisonment, at the discretion of the proper court [xxx].
Proactive role
Again, employers must be proactive in their response to COVID-19 in the workplace. They should not let their guard down even if it has been more than a year into this crisis.
The welfare of the business or economy, and the health of the workers should always come together in formulating policies and protocols. It is never a choice between one and the other.
