COVID-19-related work changes

A new work environment awaits the country’s workforce when the business community reopens after the government lifts the enhanced or general community quarantine on May 15 or a later date.

To minimize the risk of employees getting infected with COVID-19, or the disease caused by the new coronavirus, the Department of Labor and Employment and the Department of Trade and Industry have issued guidelines on how business activities should be conducted in the work premises.The guidelines state, among others, that employees should wear masks at all times, avoid sharing tables or eating close to each other in common areas, minimize prolonged face-to-face interaction with clients, and office premises should be arranged in a way that permits physical distancing.The employer may, at its expense, procure testing kits for its employees on condition the testing procedure follows the protocol laid down by the Department of Health.

If an employee is suspected to have COVID-19, the work area shall be decontaminated with the appropriate disinfectant and made available for use only after 24 hours.

To ensure the effective implementation of these measures, employers are obliged to designate officers who shall be tasked to accomplish this objective.

The guidelines shall, effective immediately, “apply to all workplaces, employers and workers in the private sector.”

The specific reference to the private sector means national and local government offices are not covered by the guidelines. Whether or not the Inter-Agency Task Force on Emerging Infectious Diseases would issue similar guidelines in the future for government employees remains to be seen.

Understandably, many government offices would, on account of financial constraints, be unable to comply with some provisions of the guidelines.

Bear in mind, however, that COVID-19 is no respecter of the employment status of its possible victims. Government personnel are as vulnerable as their private sector counterpart in getting infected with this illness, which has no known vaccine or cure up to now.Thus, it would be a great disservice to government employees if the same precautionary measures are not imposed on their offices.

There is no question private businesses will, to the best of their ability and resources, implement the guidelines.

Aside from legal or moral considerations, not to mention their own safety, it would be in the employers’ best interests to keep their employees secure from the virus.

But what if, for financial reasons, the employer cannot comply with the guidelines? Are the guidelines in the nature of “labor standard regulations” that employers must follow under pain of fines and penalties?

It is common knowledge that many businesses have suffered tremendous losses from the lockdown. It’s bad enough they have to cease or restrict their operations, they also have to continue to pay the salaries of their employees despite their not reporting for work.Between incurring additional expenses to be able to comply with the guidelines and using their remaining resources to maintain the viability of their operations, the affected employers cannot be faulted for taking on the latter action.

The guidelines are silent on whether or not administrative or civil sanctions shall be imposed on noncompliant employers.

The absence of disciplinary provisions, however, is no assurance that labor inspectors would not conduct surprise inspections on business establishments to check on their compliance with the guidelines.The last thing that businesses want to be bothered with when they are picking up the pieces from the lockdown and figuring how to keep their noses out of financial waters is dealing with “imaginative and overenthusiastic” labor inspectors.

For the peace of mind of private businesses, it is advisable to clarify the nature of the guidelines: Mandatory, discretionary, permissive or for guidance only? INQ

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