Employment trends expert Rob Wilson comments on why employers are requiring masks once again
As the Delta variant rages on, Facebook, Target, Home Depot, and McDonald’s all put masks back on the table for workers. Yet the decision to require masks once again has not been an easy one for employers.
“Right now, protests are happening across the country as employees push back against mask mandates as well as mandated COVID-19 vaccinations,” says Rob Wilson, President of Employco USA and human resources expert. “From California to North Carolina to New York, crowds of employees and concerned citizens have gathered to express their dismay at tightening COVID restrictions.”
But do employers have the right to require masks and vaccinations?
“Not only do they have the right, they actually have a legal responsibility to provide a safe workplace for their staff,” says Wilson. “If a worker contracts COVID while on the job, and they can prove this, they have a workers’ compensation claim. So, as an employer, you must keep your workplace as safe and hygienic as possible, because if a COVID case happens in your office, you need to be able to demonstrate that you took every possible precaution to protect people on your property.”
Still, Wilson says that employers are angry that the government is putting the burden of mandated vaccines on their shoulders.
“The government doesn’t want to have to mandate these vaccines, so they’re sort of passing the buck and leaving it up to private citizens and business owners,” says Wilson. “The government doesn’t want the liability that may arise if an American suffers negative side effects from the jab, so as an employer, you need to be aware that if you require vaccines for your staff, that liability falls squarely on your shoulders.”
Wilson says that the workers’ compensation clause covering COVID-19 cases in the workplace will expire in December, but it may very well be extended.
“Considering how Delta cases have increased rapidly, I would expect this clause to be extended and for employers to continue being on the hook if they have COVID spread in their workplace,” says Wilson.
That’s why Wilson says requiring masks may be the smartest move for employers.
“Understandably, you may not feel comfortable mandating vaccines and having that potential liability,” says Wilson. “But you also need to be able to legally prove that you’ve done everything physically possible to keep your staff safe from COVID. This could mean masks, but also protective measures like air purifiers, hand sanitizing stations, temperature check stations, as well as allowing employees to work remotely if they don’t feel well.”
For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.