Health

Mass. employers taking steps to ease workers’ concerns about workplace safety

BOSTON — With workers in manufacturing, construction and healthcare heading back to their jobs, employers are turning to labor attorneys to help them navigate toward the new normal.

According to attorneys 25 Investigates’ Ted Daniel spoke with, they are receiving a flood of calls and emails from employers who need advice on bringing workers back safely.

Like so many other business owners in Massachusetts, Ron Affsa listened intently when Gov. Charlie Baker announced which industries would be allowed to open.

Affsa is the owner of HairPlace One in Quincy. His salon has 18 chairs and 25 employees.

“We're going to take every precaution necessary to ensure my client safety and my employee safety,” said Affsa. “I would, you know, I expect them to come to work.”

MORE: 25 Investigates: Many people are nervous to return to work amid COVID-19 crisis

Under the guidelines announced by Baker, Affsa expects to reopen the Tuesday after Memorial Day. And he’s anxiously awaiting to reopen. He says he has not had any income in two months and he needs this to work for his decades-old business to survive.

“I’m going to make sure the salon has enough room in between everyone, we’re going to probably run it 30 percent to 35 percent capacity. Hopefully that won’t be for too long, because I won’t be able to last long doing that as well,” he said.

Affsa hopes his employees will be eager to return to work, but he realizes some may be fearful.

A recent survey of 2,000 U.S. employees by Citrix Systems found 64 percent of them do not feel comfortable returning to the office for one months or more.

One survey respondent wrote: “Need a vaccine or effective treatment first!”

Last week 25 Investigates spoke with a dental hygienist who was concerned about going back to her job. She asked to not disclose her name because her employer has not authorized her to speak with the media.

“There’s statistics out there that say that dental hygienists are actually at the highest risk for contracting COVID because of our close proximity with patients,” said the concerned employee. “You know, if you don’t want to go back then they’ll just hire someone else. You know, there’s a whole new round of graduates to choose from.”

Unfortunately, there is not a lot of protection for employees fearful of coronavirus in the workplace, said Greg Vanden Eykel, an employment lawyer at the firm Barton Gilman in Boston.

Vanden Eykel says a general fear of catching the virus is not a valid legal argument to refuse work. But, he says, it’s important for employees to understand it will not be business as usual when they return.

Capacity control, distancing and even personal protective equipment will be required in many industries.

“Employees can’t be afraid to to ask questions to express their concerns because I think, from what I’ve heard, every employer that I’ve worked with is, is ready to listen and ready to do whatever they can to encourage their employees to come back,” said Vanden Eykel.

Congress is considering liability protection for businesses that reopen during the pandemic. Senate majority leader Mitch McConnell has said he will not push through another stimulus deal without it.

Here in Massachusetts, meanwhile, lawmakers are considering liability protection for unions that advise members to stay home if they face abnormally dangerous working conditions associated with COVID-19.

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RESOURCES:

- Massachusetts Coronavirus Information

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