Workplace Precautions During COVID

During the COVID-19 pandemic, OSHA issued Emergency Temporary Standards (ETS) and guidance requiring employers to implement specific health and safety measures. For healthcare employers, a mandatory ETS required COVID-19 protocols including screening, PPE, physical distancing, and ventilation improvements. For general industry, OSHA issued guidance (later largely rescinded when it was not finalized as a mandatory standard) recommending practices including hazard assessments, physical distancing where feasible, face coverings, improved ventilation, enhanced cleaning and disinfection, and vaccination support programs. Employers were also required under the General Duty Clause to provide workplaces free from recognized serious hazards—meaning COVID-19 transmission risks in workplaces where it was preventable needed to be addressed. Many states with their own OSHA-approved plans enacted more stringent requirements. Employers learned valuable lessons about pandemic preparedness, communication, and HR policy adaptability that continue to shape emergency response planning.

COVID-19 revealed gaps in many organizations' HR policy frameworks for responding to public health emergencies. Key policies every employer should have include: a communicable disease and pandemic response policy addressing leave, remote work, pay continuation, and health screenings; a business continuity plan specifying how essential operations will continue during workforce disruptions; flexible work arrangement policies that can activate quickly; and a clear process for handling employee accommodation requests related to health conditions during emergencies. Employers should also define the process for implementing temporary changes to benefits or leave, communicating rapidly evolving information to employees, and managing employees who refuse safety measures. Regular review and tabletop exercises of these policies before the next emergency—rather than scrambling to draft them under crisis conditions—ensures an organization can respond swiftly, legally, and compassionately when the next public health event occurs.

Employer vaccination requirements and disclosure policies are legally permissible in most circumstances, subject to important exceptions. Under EEOC guidance, employers may require COVID-19 vaccination as a condition of employment, provided they offer reasonable accommodations for employees who cannot be vaccinated due to a disability (ADA) or sincerely held religious belief (Title VII). These accommodations may include remote work, masking, or regular testing rather than termination. Employers may ask employees about vaccination status and require documentation—this information must be kept confidential as a medical record. State laws vary significantly: some states have passed laws limiting employer vaccine mandates, particularly for remote workers or in certain industries. Federal contractors were subject to vaccine mandates at various points during the pandemic. HR professionals must monitor both federal and state law when designing vaccination policies and consult legal counsel when requirements appear to conflict.

Congress enacted the Families First Coronavirus Response Act (FFCRA) in March 2020, which temporarily required employers with fewer than 500 employees to provide up to two weeks of paid sick leave for COVID-related reasons and up to 12 weeks of expanded family and medical leave for childcare disruptions caused by school or daycare closures. These mandates expired at the end of 2020, though voluntary tax credits were extended through 2021. Employees may also have been eligible for FMLA leave if their COVID illness qualified as a serious health condition, or state-specific paid leave programs depending on jurisdiction. ADA leave as a reasonable accommodation was available to employees with COVID-related disabilities. Going forward, employers should evaluate whether their standard sick leave and FMLA policies are adequate for future pandemics, and consider whether enhanced emergency leave provisions should become a permanent part of their benefits package.

Employees who refuse to comply with legitimate workplace safety protocols—including masking, distancing, testing, or vaccination requirements—present HR with a significant management and legal challenge. Under most circumstances, employers have the right to enforce reasonable safety policies and to discipline employees who refuse compliance, up to and including termination, provided the policy is applied consistently and the discipline is proportionate. However, before taking adverse action, HR must assess whether the refusal is connected to a protected characteristic—such as a disability or religious belief that prevents compliance—and whether a reasonable accommodation can bridge the gap. Engaging in the interactive accommodation process and documenting each step is critical. Where no accommodation is possible and the refusal poses a genuine safety risk to others, termination may be defensible. Managers should be trained to escalate safety protocol refusals to HR immediately rather than handling them informally to avoid inconsistent outcomes.