Arkansas HVACR NewsMagazine May 2020

This takes us to our industry, HVACR. In our previous publications we asked you to consider some thoughts about protecting your technicians and customers. We also said that you might think that some of the thoughts were ridiculous. Perhaps so; but, we also know that it only takes one incidence to put you out of business. Should an employee or one of your homeowners get sick — if they blame you — if you have not done EVERYTHING that the State, President, and CDC have recommended — how will you defend yourself? Consider these possible protections for your technicians, homeowners, and your business. • Take Employees Temperature o Log every morning • Facemasks (KN95 or surgical masks) o Cheap and readily available. • Gloves o Cheap and readily available • Booties o Cheap and readily available • Soap & Water or Hand Cleaner o Cheap and readily available • Social Distancing o Easy with customers but a little difficult with employees I know that you and your employees are bullet proof — nothing will happen and if it does you’ll tough it out. (How about that for sarcasm?) The question is, “Can your business tough it out?” 1 “ Minimizing the risk of COVID-19 infection lawsuits brought by employees”, Jason McVicker, McAfee & Taft Employer LINC | April 16, 2020 https://www.mcafeetaft.com/minimizing-the- risk-of-covid-19-infection-lawsuits-brought-by- employees/

Employee Dies of COVID Related Complications Lawsuit Claims Employer Negligence In Illinois, a retail worker died of complications from COVID-19. In a new lawsuit – apparently the first of its kind – his lawyers blame the death on the employer’s failure to follow social - distancing guidelines. The lawsuit faults the employer for allegedly not doing enough to clean and sterilize the workplace, not providing protective equipment for staff, and not providing adequate warnings. Similar lawsuits will proliferate in the months to come. 1 As Americans continue living in an unprecedented era of quarantining, many employees aren’t quarantining at all. Workers in big-box retail shops, warehouses, grocery stores, and more are all still powering the economy as ‘essential employees,’ and they are still physically interacting with other people throughout the day. They can’t be asked to work from home – their safety requires different solutions. And where there is a dispute over safety, litigation is sure to follow. What does that mean for employers, and how will workers’ compensation interact with social distancing? We are all going to find out; litigation over COVID-19 deaths has already begun. 1