COVID-19 Regulations and Requirements Wineries Need to Know

Article by John Kempkey, ARM, Sander, Jacobs, Cassayre Insurance Service

 

The following is an overview of COVID-19 DIR/Cal OSHA regulations and CDC guidelines that wineries should be aware of, during each Phase of this unfolding crises. Understanding these directives will help you reduce your exposure to fines, government actions and potential lawsuits, from within and outside of their organizations.

 

Due to the changing nature of these pandemic control measures, you and your team must carefully monitor your management practices to ensure compliance with the latest COVID-19 requirements. This effort in some cases may include taking extra precautions, to deal with Grey Area regulations and liability issues.

 

Below, is a brief summary and resource link for each regulation/guideline, covered in in this review.
Covid-19 Workers Compensation Claim Reporting Requirements – Per Governor Newsom’s May 6th Order, anyone working outside of their home from March 19, 2020, through July 5, 2020, and who is diagnosed with COVID-19 will be presumed to have contracted the disease at work (https://www.gov.ca.gov/wp-content/uploads/2020/05/5.6.20-EO-N-62-20-text.pdf).

 

The result of this order is that employers must report a COVID -19 related illness to their workers compensation carrier if:

 

o The employee has a positive COVID-19 test or a diagnosis of COVID-19 from a licensed physician or surgeon, and
o The employee indicates they acquired the illness at work.

 

Grey Area: as an employer, you may rebut an employee’s presumptive status for receiving COVID -19 related worker compensation benefits. Takeaway—error on the side of caution: report the claim.
Cal OSHA 300 Log Requirements for Recording Covid-19 Occupational Illness–A Covid-19 Illness is recordable if it meets the above Covid-19 WC Claim Reporting requirements and, if any one of the following criteria, in the Employee Records of Occupational Injury or Illness rule (https://www.dir.ca.gov/T8/ch7sb1a2.html) occurs:

 

o Death
o Days away from work
o Restricted work or job transfer
o Medical treatment beyond first aid

 

Reporting COVID-19 Claims to the Division of Occupational Safety and Health—As described in Title 8 Regulations you must report a COVID – 19 Illness within 8 hours, of knowing that the illness is serious or results in death (https://www.dir.ca.gov/title8/342.html).

 

A serious illness is any condition that requires inpatient hospitalization (https://www.dir.ca.gov/title8/330.html).

 

Grey Area: if you are notified or become aware of an employee being hospitalized due to COVID -19 illness, you should report this to the Division of Occupational Safety and Health, even if the employee hasn’t filed a COVID related workers comp claim.

 

Cal OSHA COVID -19 Injury & Illness Program Requirements—Title 8 Injury Illness & Prevention Program regulations require California employers to protect employees from workplace hazards, including infectious diseases. Recent Cal OSHA COVID -19 bulletins have reinforced this requirement by reminding employers that workplaces with significant public interaction such as retail establishments and service industries must update their written IIPPs to include a written Infection Control Measure Plan (https://www.dir.ca.gov/dosh/coronavirus/General-Industry.html).

 

In view of this regulatory responsibility, you and your safety coordinator should implement an Infection Control Measure Plan, to train employees on how to prevent the spread of the Coronavirus. To show a Good Faith effort, Cal OSHA recommends that your Plan includes the elements in the CDC’s Interim Guidance for Businesses and Employers Responding to Coronavirus Disease 2019 (COVID-19), May 2020,
(https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fspecific-groups%2Fguidance-business-response.html)

 

The following template is provided to help you jump start the development of your Plan (https://www.dropbox.com/s/zmjpqkawurt6zgf/Coronavirus%20Control%20Plan%20-%20General%20Industry.doc?dl=0 ).

 

Grey Area: although the CDC describes their COVID-19 control measures as Guidelines and Considerations, you should implement these recommendations as if they are mandatory standards, so as to affirm your taking all reasonable precautions to protect your employee; and public too.

 

Reopening your Business

 

Reopening your winery, brings to the forefront a number of potential liability issues, resulting from your customer being infected with the Coronavirus, at your premise, e.g., being infected by an employee; improper cleaning procedures & failure to enforce social distancing protocols. Your best defense against gross negligence lawsuits is implementing multi layered approach to controlling the spread of the Coronavirus, including a:

 

o COVID Infection Control Plan (per link in above Cal OSHA COVID -19 II&PP review);
o Business Reopening Plan (https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html) and
o Monitoring State & Local Public Health Updates (https://covid19.ca.gov)
Grey Area: any ABC reopening orders must be monitored, as well. Since this is a licensing issue, involving conflicting state and local regulations, you should access your wine industry trade association(s) for the latest updates concerning the serving of alcohol beverages.

 

Summary

 

Focusing on a dashboard, displaying the above resource links, will help your management team navigate this constantly changing landscape of COVID – 19 regulations and recommended guidelines. This effort requires expertise from your safety and health staff, as well as outside professionals, to implement, carry out and monitor your workplace/public space protection plans: YES, were all in this together!

 

John Kempkey, ARM, Sander, Jacobs, Cassayre Insurance Service, jkempkey@sanderjacobs.com
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