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Workplace MVP: Jeff Gorter, R3 Continuum

September 9, 2021 by John Ray

Jeff Gorter
Minneapolis St. Paul Studio
Workplace MVP: Jeff Gorter, R3 Continuum
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Jeff Gorter

Workplace MVP:  Jeff Gorter, R3 Continuum

Critical incident response veteran Jeff Gorter contends that business and human responses to crisis events are not separate but interwoven. On the twentieth anniversary of the September 11th terrorist attacks, Jeff and host Jamie Gassman discussed the parallels of that event and the COVID-19 pandemic, and the importance of acknowledging 9/11 for your employees.  Workplace MVP is underwritten and presented by R3 Continuum and produced by the Minneapolis-St.Paul Studio of Business RadioX®.

Jeff Gorter, Vice President of Crisis Response Services, R3 Continuum

Jeff Gorter, Vice President of Crisis Response Services, R3 Continuum

Jeff Gorter, MSW, LCSW, is VP of Clinical Crisis Response at R3 Continuum. Mr. Gorter brings over 30 years of clinical experience including consultation and extensive on-site critical incident response to businesses and communities. He has responded directly to the Sept. 11 terrorist attacks, Hurricane Katrina, the Virginia Tech shootings, the Deepwater Horizon Oil spill, the 2011 earthquake/tsunami in Japan, the Newtown Tragedy, the Orlando Pulse Nightclub Shooting, the Las Vegas Shooting, and the breaching of the US Capitol on 1/6/21. He has conducted trainings and presented at the Employee Assistance Professionals Association Annual Conference, the American Psychological Association Annual Conference, the World Conference on Disaster Management, the International Society for Traumatic Stress Studies Annual Meeting, and at other state, national and international venues on a variety of topics.

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R3 Continuum

R3 Continuum is a global leader in workplace behavioral health and security solutions. R3c helps ensure the psychological and physical safety of organizations and their people in today’s ever-changing and often unpredictable world. Through their continuum of tailored solutions, including evaluations, crisis response, executive optimization, protective services, and more, they help organizations maintain and cultivate a workplace of wellbeing so that their people can thrive. Learn more about R3c at www.r3c.com.

Company website | LinkedIn | Facebook | Twitter

About Workplace MVP

Every day, around the world, organizations of all sizes face disruptive events and situations. Within those workplaces are everyday heroes in human resources, risk management, security, business continuity, and the C-suite. They don’t call themselves heroes though. On the contrary, they simply show up every day, laboring for the well-being of employees in their care, readying the workplace for and planning responses to disruption. This show, Workplace MVP, confers on these heroes the designation they deserve, Workplace MVP (Most Valuable Professionals), and gives them the forum to tell their story. As you hear their experiences, you will learn first-hand, real life approaches to readying the workplace, responses to crisis situations, and overcoming challenges of disruption. Visit our show archive here.

Workplace MVP Host Jamie Gassmann

In addition to serving as the host to the Workplace MVP podcast, Jamie Gassmann is the Director of Marketing at R3 Continuum (R3c). Collectively, she has more than fourteen years of marketing experience. Across her tenure, she has experience working in and with various industries including banking, real estate, retail, crisis management, insurance, business continuity, and more. She holds a Bachelor of Science Degree in Mass Communications with special interest in Advertising and Public Relations and a Master of Business Administration from Paseka School of Business, Minnesota State University.

TRANSCRIPT

Intro: [00:00:03] Broadcasting from the Business RadioX Studios, it’s time for Workplace MVP. Workplace MVP is brought to you by R3 Continuum, a global leader in workplace behavioral health and security solutions. Now, here’s your host, Jamie Gassmann.

Jamie Gassmann: [00:00:24] Hi, everyone. Your host, Jamie Gassmann, here. And welcome to this episode of Workplace MVP. This year marks the 20th anniversary for the 9/11 terrorist attacks. We are also halfway through the second year of the COVID-19 pandemic. Some are calling these two tragic bookends to the last two decades. Interestingly, though, while these two events are different in nature, the impact they made on businesses and employees are very similar.

Jamie Gassmann: [00:00:53] Is this a coincidence? Or is there something to be learned about the impact disruption can have on an organization and its people? What should an employer be focused on when an event like 9/11 or COVID-19 happens? Are there solutions or support options that can be leveraged to help them successfully navigate the troubled aftermath of the events?

Jamie Gassmann: [00:01:15] With us today to share his expertise and firsthand knowledge from responding to the psychological first aid needs of employers for both 9/11 and COVID-19, among other major events across our history, is Workplace MVP Jeff Gorter, Vice President of Crisis Response Services for our show sponsor, R3 Continuum. Welcome to the show, Jeff.

Jeff Gorter: [00:01:37] Thank you, Jamie. I appreciate the opportunity.

Jamie Gassmann: [00:01:40] So, we’re glad to have you here and really interested in hearing a little bit about yourself and your career journey that’s led you to R3 Continuum and to where you’re at today.

Jeff Gorter: [00:01:53] No. Thanks. And just by way of background, I am a clinical social worker, master’s level social worker. And so, I come from a clinical background and have been in the field providing services either in private practice or in a public setting for 35 years. But the last 20 years of that have been specifically focused on providing disaster response.

Jamie Gassmann: [00:02:20] And so, can you share with our audience the disaster response work that you did post-9/11? And how does that compare to the work that you’re doing today in response to the COVID-19 pandemic?

Jeff Gorter: [00:02:33] And if you caught the 20 year reference, I really look at 9/11 as sort of that was certainly my first experience in responding to a large scale event. Part of the backstory of that is that the former president of Crisis Care Network, which is now known as R3 Continuum, Bob VandePol and I were in private practice together. And he had left the practice I’d say six months before 9/11.

Jeff Gorter: [00:03:03] And when the attacks occurred on that day, I called Bob and I said, “Bob, from what I understand, based on the new position that you’re in, I guess your company is going to be involved in this. I just want to let you know I am trained in this, if there’s anything I can do to help.” To which he said, “Can you be on a plane in four hours?” And I was in New York City that evening able to provide and to begin providing response.

Jamie Gassmann: [00:03:34] And how does that compare to some of the response works? I know you’ve done some response work with the COVID-19 pandemic, a lot of that’s been done virtually. But are some of the sessions or some of the work that you’re doing with that, can you tell us a little bit about, you know, how they work and kind of what your role is that you play within that?

Jeff Gorter: [00:03:56] It’s an excellent question. Because I’ve really been wrestling with the fact that, you know, this being the 20th anniversary of 9/11, that was very much in the forefront of my mind, and yet COVID has such a dominating factor. And, as you said in your intro, it’s kind of no surprise that these two things are, you know, juxtaposed here at this moment.

Jeff Gorter: [00:04:19] So, specifically, when I went to New York City, I was deployed to assist businesses as employees were returning to work for the first time following the attacks. And that’s a key element in that, you know, businesses played a major role in helping employees feel like they were getting back to some sense of normalcy or something that they could control. And so, many of the things that they talked about were more tangible, if you will, in the sense that they talked about things like the smells, things like the grittiness of the dust that was everywhere, how a siren going off for a police or fire would create a startle response the first time. And many of us can remember that the first time we saw a plane flying again after all flights had been grounded.

Jeff Gorter: [00:05:19] And so, for many of them these were much more visceral kind of descriptions of what they were going through. And, yet, for many of them, their stories were also about how resilience, how going back to work was not just getting back to work, but was in for many of them, a patriotic act. A small but very tangible stand against the darkness, if you will. And their getting back to work meant this is something I can do in this national crisis.

Jeff Gorter: [00:05:52] Now, in juxtaposing it to COVID-19 that the swift recovery of business operations is and has been continues to be a central component to our nation’s recovery. But it’s different because 9/11 was confined to a day and we didn’t know that at the time. But it’s confined to 9/11. It was a specific point in our calendar that we can look back. And it was a moment of sharp human initiated attack.

Jeff Gorter: [00:06:24] Now, COVID has a different perspective in that it is a prolonged, ongoing, unfolding, still not done crisis, driven primarily by biology. And so, in that sense, you know, the fear and the emotions elicited are, in many ways, just as powerful. Whereas, you could point to it, you could feel it between your fingers in New York City what the attack was like. Here, it’s kind of a vague, shadowy fear creeping outside your door. It’s everywhere, and yet I can’t point to it. And so, the fear is the common factor, but it’s also different kind of fear. And so, I think that’s important to recognize.

Jamie Gassmann: [00:07:16] Absolutely. And, obviously, from a business perspective, there’s some similarities in some of the thinking. And so, looking at your perspective of business leaders – and I know we’ve talked about this and I know you’ve got an opinion and kind of some thoughts – around that balancing act between human and business and how employers need to be looking at that following a disruption in the workplace, can you share your perspective on that with us?

Jeff Gorter: [00:07:42] Yeah. Well, I begin with the assumption that many business makers or business leaders have that the human response and the business aspects are two different things. And I contend that they are not. That they are, in fact, inextricably woven. And that, typically, when a large scale disaster hits, business leaders will go to their business continuity plan. They’ll pull that three ring binder off the shelf or they’ll go to their files and they’ll look at that plan, as they should. And they’ll review that crisis plan, the policies, procedures, what the strategies were to contain the crisis and mitigate the impact. That’s a sound thinking.

Jeff Gorter: [00:08:25] The trouble is, most of those plans focused on issues like I.T. security, facilities management, supply chain integrity, things that undoubtedly are important elements in a business recovery. But these plans often forget the most essential aspect, the human element. It doesn’t matter how secure your firewalls are or how quickly you get the power restored and the computers working again, if the people aren’t reassured and ready to go back to work. So, taking care of your people is taking care of your business. And I know I think it’s a mistake when a business owner says, “Well, I’m going to do one over the other.” They have to be done simultaneously.

Jamie Gassmann: [00:09:10] And, you know, so focusing on that people side of it, when a major incident occurs such as 9/11, or when you’ve got a pandemic like COVID-19, or other types of disruptions that impact a workplace, typically, if you were going to provide recommendation, what’s that first thing that an employer should be focusing on when it comes to their people?

Jeff Gorter: [00:09:33] So, I look at it as two parts. The first part, first and foremost always is safety. I need to ensure the safety of the employees. And that means physical safety and emotional safety. I have to prepare or provide for both aspects of that. So, I need to make sure when a large-scale event happens, have all the appropriate authorities been called? Have the right people been notified? Is the site secure? Are all the employees accounted for? Have immediate steps been taken, even simple steps like providing food, water, or blankets? Have immediate steps been taken for the care and comfort of my team? And has leadership physically directly checked on the team? Have they been visible? Have they gone around? Have they checked on and ensured the safety of everybody, both physically and emotionally? So, safety is first, job one.

Jeff Gorter: [00:10:32] But then, followed up by that, there are three simple things that I would say that the leader needs to do, and that is communicate, communicate, communicate. That one safety is restored, it’s imperative that leadership starts communicating early and often. This establishes them as a credible source of verifiable information, and that is in short supply following a crisis.

Jeff Gorter: [00:11:01] And it’s a common mistake among leaders to say, “Well, you know what? I’ll send a message out.” Or, “I’ll do some communication once I know all the facts. Once I have a complete idea of what’s going on, once I know the whole ball of wax, then I’ll be able to send out a message that encompasses everything.” And then, as one hour goes by and two hours go by and four hours go by, employees in that absence are going to become increasingly anxious. And it’s human nature in the absence of real information to plug in our worst possible fears.

Jeff Gorter: [00:11:40] And so, you know, maybe they’re going to ask themselves, “Maybe leadership was hurt. I thought we would have heard by now. Maybe they’re part of the injured. Maybe they don’t know that this is going on. Maybe they’re unaware of this. Maybe they don’t care.” And you can see that in the absence of real information. By that point, a negative narrative has already begun to take root.

Jeff Gorter: [00:12:04] And it is so hard to play catch up after that and try and establish. Especially in the age of instantaneous communication through social media and other sources like that, it is absolutely essential that a leader is out there early with frequent brief updates sharing what you know, what is verifiable, and share what you don’t know, but promising to confirm it as soon as you can. Which is to say, “I’m going to be open about I don’t know. I don’t, as a leader, have to have all the answers right now.”

Jeff Gorter: [00:12:42] And doing that, sharing what you know, admitting what you don’t but saying I’ll get it as soon as I can, has an incredibly calming and reassuring effect. It will enhance a leader’s standing with their employees and lets them know, “Okay. The leaders have a plan. They know what they’re doing. They are on top of this. I can take a deep breath at this moment.”

Jeff Gorter: [00:13:08] So, again, as an example, saying something like, “Following this event, we can confirm that three employees were injured and have been transported to the hospital,” that’s verifiable. “We don’t know their status at this point, but we will share that info as soon as we get it.” That’s all you need, something as brief as that. So often, again, leaders will, “Well, until we know more, I’m not going to say anything.” Or they’ll make, “I’m sure everybody’s going to be okay.” Are you sure? Can you guarantee that? No? Don’t say it if you can’t.

Jeff Gorter: [00:13:45] Just simply say what you know, admit what you don’t know. But assure them that as soon as we can have verifiable information, we’ll get back to you. It’s amazing how comforting and calming that is for an employee group that is looking to you for leadership in the midst of this.

Jamie Gassmann: [00:14:06] Great. And, you know, as you continue to go through kind of that recovery process after these types of events, when an organization is starting to regain a sense of new normalcy, how, at that point, can business leaders help to support employees and, really, the organization as a whole in that recovery effort?

Jeff Gorter: [00:14:27] Yeah. Kind of building on what I was saying before, that the employee and organizational interplay is inextricably interwoven. The employee recovery depends on organizational recovery and vice versa. Employees are going to look to the workplace for stability, financial stability, as well as just something that I know is there, predictability, structure. They crave a return to something that feels normal, and where they feel in control, and where they know what they’re supposed to do.

Jeff Gorter: [00:15:03] When the crisis happened, I had no idea what I was supposed to do. I’d like to get back to something where I feel I am trained and where I have a sense of influence and agency. Likewise, organizations are only as strong as their employees. And they need engaged, motivated, healthy workers to weather the storm. There’s an old quote from Kipling in which he said, “The strength of the pack is the wolf. And the strength of the wolf is the pack.” Meaning, the interplay between the organization and the individual they support each other.

Jeff Gorter: [00:15:41] And so, business leaders set the tone of positive resilience and an expectation of recovery for everybody. And part of that is ensuring access to the resources that are supportive to their employees, like onsite or virtual behavioral health specialists who are able to provide immediate support, psychological first aid, and encouragement. Being able to offer 24-7 phone or text access, perhaps via their employee assistance program or through other strategic vendors who can provide that. Offering and making sure there is access to print or electronic resources for education, coping, guidance. Things like that are immediate steps that the employer can do to support the employee. And as the employees come back, they support the organization and it is a common effort.

Jamie Gassmann: [00:16:48] And so, for disruptions like with the COVID-19 pandemic where we’re kind of on this ever changing kind of evolution, if you will, for the last year-and-a-half, do some of those same initiatives apply in the context of a disruption that maybe continues to evolve as opposed to a one day event?

Jeff Gorter: [00:17:11] I think you’re absolutely right. And even more so, I think that because what we have come to realize, even though we’re 18 months into this – the words almost stick in my throat in saying that, but that’s where we are right now at this taping – almost every day, it is a changing, fluid, dynamic circumstance. Where we are now and where we were back in February 2020 are vastly different places. And we know so much more and yet we are incredibly aware of how much we don’t know.

Jeff Gorter: [00:17:48] And so, that same central concept that in the absence of real information – I’m going to plug in my fears – just highlights the need for leadership to have a constant, steady, reliable drumbeat of information, even if it’s little bits. Even if my update today is to say no new changes today, that’s worth doing. That is something that reassures them that leadership is on top of it.

Jeff Gorter: [00:18:20] Because, again, that’s one of the things that clearly has typified this prolonged, slow moving disaster is that, you know, almost no two days are the same. And yet there’s still this emotional sense of Groundhog Day of, “What? It’s still here? We’re still talking about this.” And so, yeah, for leadership to not fall into the trap of thinking, “Oh. They don’t want to hear any more updates.” No, keep doing it. It’s essential.

Jamie Gassmann: [00:18:52] Great. And, obviously, for 9/11 this is a milestone anniversary, so looking at milestone anniversaries, you know, some employees may have or may experience kind of a reaction or, like, a triggering effect to that. And just how an employee handles the disruption when it’s happening, it’s all different in terms of the different levels of resilience and how people kind of process trauma. From your experience, you know, what should an employer be looking at so that they can show support and care knowing that with an anniversary like the 20 year anniversary everyone’s going to kind of approach it differently?

Jeff Gorter: [00:19:37] Yeah. No, that’s a great question. I mean, there were some organizations, obviously those in the New York area or Pennsylvania or in D.C. that were directly impacted. But I think it would be a mistake for a business leader to assume that, “Well, I don’t think any of my people were involved. I don’t need to pay attention to that. I don’t need to mention that.” In the 20 years people have moved, people have relocated, people have taken different jobs. People who were children at that point, who may have lost a loved one at that time, have grown up, moved, taken on new jobs. Again, it would be a mistake to think, “Oh, it’s so far back, we don’t really need to worry about it.” This is a significant day.

Jeff Gorter: [00:20:21] And so, for an employer, I think it’s important for them to acknowledge the solemnity of this day, the power of this day itself, and to recognize that employees may have some challenges with it. Not everybody. Not that they have to. But some may. And so, as a leader, getting out ahead of that and simply recognizing and acknowledging that lets them know that you get it, that you understand that this day is different from other days. It has significance, which helps those employees to feel understood and validated, not isolated and alone as if something is broken or wrong with them.

Jeff Gorter: [00:21:02] And so, it’s important, too, one of the ways that an employer can do that is to remind their employee of the wide range of resources that they have. Again, the behavioral health support, either onsite or virtually, as we’ve talked about before, should they choose to use it. So, for them, again, highlighting what their EAP can do or other groups. In most cases, people just want to be able to share their experiences. And anniversaries are times where we talk about it, because that helps us when we talk about it. It helps us feel less alone. It feels connected. We feel like we’re part of something. They may or may not want to talk about it, but it’s important for a leader to create this safe space for people to do that, to be able to talk about it.

Jeff Gorter: [00:21:54] Because I think one of the things that I am sure once we get past COVID, we’re going to do this. But one of the things that happened during 9/11, if we look back on it, all of us constructed a narrative. A story of where we were when it happened. What happened next? How did it impact us? Where are we now? We developed a story. That’s human nature. It’s how we make peace with it. It’s how we wrap our minds around it. This narrative is where we begin to constrain it as a chapter in our lives. An important chapter, a significant chapter, but not the only chapter in our lives. Things happen to be for that. Things have happened since that.

Jeff Gorter: [00:22:39] And so, being able to talk about it in that narrative sense, as if it’s a chapter helps to, again, feel a sense of control. And I begin to view myself, not as a victim, as if it’s still going on today, but more as a survivor or perhaps even a thriver. Here’s how I grew from this. Here’s how I’m different because of that. Here’s where I learned some things that are important.

Jeff Gorter: [00:23:07] So, being at work on the day of an anniversary, I think is beneficial to employees impacted by any major disruptive event because, again, there’s surprising power in the mundane, comfort in the normal. I want to be around something that feels supportive and and constrained. And going about their everyday lives helps a sense of control, helps them get through that day, and it helps them to have a balanced perspective on the significance of the past. The reality of this present. And the hope for the future. We will move to the next chapter as it were.

Jamie Gassmann: [00:23:49] Great. So, if a leader were starting a conversation like that with their employees – you know, because I love that concept of creating kind of this, like, open area. This comforting, you know, feeling that it’s okay to be transparent in how you feel about that – if you were going to provide a conversation starter for how a leader could set that tone and set that stage for that conversation, how would you advise them to speak to kind of get that conversation moving?

Jeff Gorter: [00:24:25] So, I think, you know, a generalized statement to begin with saying, “As we approach this anniversary, we recognize the power it has for us as a nation, for many of us as individuals. We want to acknowledge that and here’s the things we’re going to do.” And maybe that, again, if they are aware of folks who were survivors or who had a closer context, or it is part of our organizational history that our company was impacted by that day, then I think it would be a very wise idea to have onsite or virtual counselors available to be able to provide immediate, tangible, I could point down the hall and I can see that person if I want to go talk to them, I know they’re there. That’s an immediate thing that they can do.

Jeff Gorter: [00:25:14] The other is to remind them of other resources that they may have. Their employee assistance program, 24-7 hotline that is offered. To simply say at the point of the towers collapsing, many organizations I’m aware of will have a moment of silence at the moment, perhaps, when the first plane struck the building. They will do that, and that is, again, a way of honoring the solemnity of it, a way of acknowledging the reality of it, and just simply let your employees know, “Okay. We get this. We’re taking it seriously. This means something to us. And we’re doing some things to acknowledge that.”

Jeff Gorter: [00:26:01] Other organizations may say, “You know what? Given this day -” maybe even something simple like saying “- we’re having lunch brought in as just a way to acknowledge and provide a communal opportunity for us to get together and share that experience.” You know, depending on the the structure of your work site, that is a pretty low cost way to affirm to your employee group because they will talk about that afterwards. “Wow. Our company got it and they did something substantial to help us.”

Jamie Gassmann: [00:26:44] Great advice. So, we’re going to take a quick break and hear a word from our sponsor. Workplace MVP is sponsored by R3 Continuum. R3 Continuum is a global leader in providing expert, reliable, responsive, and tailored behavioral health, crisis, and security solutions to promote workplace wellbeing and performance in the face of an ever changing and often unpredictable world. Learn more about how R3 Continuum can tailor a solution for your organization’s unique challenges by visiting r3c.com today.

Jamie Gassmann: [00:27:19] So, some feel, Jeff – and we kind of mentioned it in the introduction too – that 9/11 and COVID-19 pandemic are tragic bookend events and have various similarities in their impact on employees, you know, with mental health concerns, substance abuse, sleeping concerns. Can you share your perspective on this? You know, are there similarities? And if so, what would you say are the similarities? And do you have any context to why that might be the case?

Jeff Gorter: [00:27:56] I think that’s a great observation, because I think on the surface, it would be easy to say, “Well, my goodness. I can hardly think of two completely disparate type of events.” I mean, they are radically different and they’re separated by 20 years. But if we did that, we lose tapping into the accumulated wisdom and knowledge that we gained from how we adapted to 9/11, and how that has sustained us through so many other crises that have happened in between, and how that can inform and shape what we’re doing now in response to the current crisis.

Jeff Gorter: [00:28:35] So, some areas of similarities that occurred to me is that, you know, both 9/11 and COVID changed everything about how business is conducted. I mean, if we think back on it, I think one when cheap and easy example is – for those of us of a certain age – can you remember when you didn’t have to take your shoes off at the airport to get on a plane? You know, it changed how we travel. It changed what we define as safety. It changed what security protocols with baggage. It changed even the work environment itself, where we work, who we work with, how we work has been changed.

Jeff Gorter: [00:29:18] There was radical change after 9/11 and the same thing has been happening after COVID, that it’s created changes that are going to be likely permanent as a way of adaptations to that. And so, that’s one area of similarity in that everything’s changed.

Jeff Gorter: [00:29:38] Another is that both 9/11 and COVID-19 have required a massive expenditure of time, money, resources by companies to respond to it, to adapt to it, to restore some sense of functional operations and confidence. That happened after 9/11. The same thing happened after COVID-19. I defy you to find a company that says, “You know what? We are pretty much operating exactly the same way with exactly the same plans, policies, and procedures as we did before those events. You know, it really didn’t touch us. It didn’t change us.”

Jeff Gorter: [00:30:19] I mean, to the contrary and particularly in the midst of the pandemic, we had to initiate almost immediate changes. As I said earlier, things like we’re operating from home now where many of us who never envisioned ourselves as remote workers now find themselves with their library kingdom. And other things in which we’ve changed. We’ve made so many initiatives in response to this to try to enhance the safety while returning to operations. And we don’t know the effectiveness of many of these until later. You know, we have to make the change. We’re going to do it.

Jeff Gorter: [00:31:07] But many leaders and workers alike are saying, “Well, did we do the right thing? Did we make the right decision? Are we doing enough? Or did we do too much?” So, I mean, these questions were the same that’s an echo of 9/11. We said the same kinds of things. We wrestled with the same sort of initiatives then as we do now in determining what was the right calibration. It’s only in hindsight that we’ll know. But it did require massive amounts of time and energy.

Jeff Gorter: [00:31:41] And then, the third thing, and I think this is probably the one that is most pertinent to me as a behavioral health professional, is that, both of these events had a global emotional impact unlike any other event. And if we think back over the last 20 years, there have been many major events. We are only a few days away from the 16th anniversary of Hurricane Katrina. There have been multiple large scale mass shootings at schools or in other public locations. There has been a breach of the U.S. Capitol.

Jeff Gorter: [00:32:21] All of these things are major defining events, yet none of them had the emotional charge on a global scale. There’s almost no person on the planet that has not been aware of those events that was not emotionally moved by those events. There was a universal sense of shock, vulnerability, fear that defined 9/11 and was very similar to the pandemic. And I think, you know, those other tragedies that I said were huge and highly visible, but they were constrained to areas, regions, cities, location. Whereas, 9/11 led the whole world to know things are different and the same has happened with COVID-19.

Jamie Gassmann: [00:33:18] Interesting. And you you mentioned in a previous conversation with us and you may have have kind of touched on it a little bit here that events like 9/11 and COVID-19 pandemic are described as seminal moments that impact an individual’s view on life, which can lead to them re-evaluating what’s important. So, can you elaborate a little bit more on that?

Jeff Gorter: [00:33:45] Yeah. I think, the easiest way to understand, seminal moments are those milestones, those tragic milestones in the story of your life. As I talked about, they are unavoidable reference points in the story of our lives. You know, we will say, “Was that pre-COVID or post-COVID?” It’s the kind of thing that you immediately will recognize and you reference events as almost, you know, magnetically rotating around that.

Jeff Gorter: [00:34:19] But what I think is so important about that is that the events are the events. The events themselves are only the beginning. I think the way we responded to them is much more compelling and is much more reflective of that personal agency, that personal story that we construct, that narrative that we build following these events. So, the event happened, but the story of how we endured, what we had to let go of, where we grew, how we changed, how we adapted, how we found moments of happiness or lightness even in the midst, those kinds of things are lived experiences that I think hold tremendous value.

Jeff Gorter: [00:35:09] You know, I think that in older days that might have been called wisdom. That’s the kind of thing that you look back on and you say, “You know, I would never want to go through that again. But I learned some things about myself, about my company, about my community, or about my country.” And that is important knowledge to be able to have and to incorporate. I know that we all want to hurry by. We all want to get to the happy ending. Can I just flip through the book? Can I fast forward to the end of the show here and see the happy ending?

Jeff Gorter: [00:35:44] But the reality is, if we let this moment pass by without intentionally purposely reflecting on what this means to me as a person, what this means to me as a leader, what this means to my company, what it means to my team, I think we lose something of incredible value.

Jeff Gorter: [00:36:05] And so, again, especially with something that has been as prolonged as the pandemic, we’re just like, “Well, I just need to get through it. I just need to get through another day. I just need to keep rolling.” But I think savvy leaders have found that stepping back, intentionally reflecting on this, and what lessons I learned from it, it positions them for better success in the future when they get past this.

Jamie Gassmann: [00:36:38] Right. So, almost like attributing meaning to the event and how that is having an impact on your life, because it could be both in positive ways and negative ways. So, there could be a couple of different things that are learned from that, both professionally and personally when you’re looking at it, would you agree?

Jeff Gorter: [00:36:57] Exactly. I think, again, attributing meaning to it as part of that narrative making. It’s human nature that when we go through an event that has that kind of power that impacts us like a physical blow, we try and make sense of it. We try and reassert a sense of control. And we typically go – sorry. I’m going to go a little Psych 101 here for a moment – in one of two directions. Meaning, attribution means we either determine internal disposition, what does this say about me? About how I handle it? What does this reveal about me? Or external situation, what does this say about my context, my company, my community, my country? So, we’re going to assign a meaning to this.

Jeff Gorter: [00:37:51] And, again, the event is the event. So, the pain has occurred, the trauma has occurred, the tragedy has occurred. That doesn’t change. But my meaning will greatly influence my trajectory afterwards. And so, by that, there is a critical inflection point. There is a moment. A moment where almost all of us, whether we’re conscious of it or not, where we look at this and we say, “Wow. What I just went through, what does this say about me?”

Jeff Gorter: [00:38:24] Do I look at this and do I say, “You know what? I was in the wrong place at the wrong time. But, man, I’m just glad I got through that.” Or do I say, “You know what? This just proves once again that I am the unluckiest guy on the face of the Earth. You know, I am a soccer ball on the field of life. I just get kicked around all the time.” Do I view this as, “Wow. I am so happy to be alive following this. I am going to go home and kiss my partner and hug the kids. And I’m going to enjoy life in a different way. I’m going to value life.” Do I say that? Or do I say, “What’s the point? Why even try? Stuff like this happens. I told you it’s just one bad thing after another.”

Jeff Gorter: [00:39:13] And you know why? The event is the event. My interpretation is going to determine whether I move ahead with resilience and in a positive way. Or that I add on to the sense of negativity, the sense of pathology, something must be broken. And, you know, do I view this as, “Okay. These powerful emotions I’m experiencing are normal, understandable reactions to this really powerful event.” That makes sense. Or do I say, “I’m not handling it right. I must be doing it poorly. I think I’m not smart enough or strong enough. Maybe I’m broken. Maybe I’m losing it.” You know, the event is the event, but my interpretation is going to determine where I go from. And so, I think that how we attribute meaning is going to help us move forward.

Jamie Gassmann: [00:40:09] Interesting. And so, you know, looking at kind of moving forward and looking at leaders that might be listening in on this conversation, if you are going to give them a take away from this show, something that you wanted to leave them with that can help them to effectively support their employees when disruption occurs, what would you share with them? What would you want them to take with them?

Jeff Gorter: [00:40:35] So, I’m going to share not something that originates from me, but I want to share a quote from one of my favorite poets, Maya Angelou. She had a quote that I think I have reflected on and it has helped me in so many situations when responding to a large scale event. And the quote is, “They will never remember what you said. They will never remember what you did. But they will always remember how you made them feel.” And I find that so incredible.

Jeff Gorter: [00:41:09] Because as a leader, I urge you, I encourage you to help your team feel cared for, help them feel supported, help them feel valued. And when you do that, they will surprise you. They will inspire you. They will lift up your company in ways you can’t do alone. So, it’s not about having the magic words. It’s not about following exactly the ten point plan. It’s about keeping in mind that my goal is they will remember how I made them feel. Make them feel cared for and valued, and they will take care of the rest.

Jamie Gassmann: [00:41:49] Fantastic. So, looking out over your career, I’m always curious to ask my guests, what are you most proud of when you look out over your career?

Jeff Gorter: [00:42:01] Well, that is a challenging question. The things that are obvious particularly in the context of our conversation, being able to have responded directly to 9/11, having had an influence here during COVID, or responding to the Vegas shootings, or going to D.C., all of those events that I have done. But I don’t want to be distracted by, let’s say, the bright, shiny, big is the only thing that matters.

Jeff Gorter: [00:42:40] I think probably what I’m most proud of is that I consider it a humbling honor to be able to walk alongside somebody in what might have been one of the worst days of their lives. And it doesn’t matter whether it was a mass event that rocks the globe or whether it was the loss of a friend and co-worker who they had really come to depend on. Being able to be there and help take a little bit off their shoulders, it’s a day well spent. And so, it’s each one of those times that I’ve had an opportunity to speak into somebody’s life.

Jamie Gassmann: [00:43:20] Wonderful. So, with our listeners, if they wanted to get a hold of you, Jeff, how would they be able to do that?

Jeff Gorter: [00:43:28] Well, as I mentioned, I am with R3 Continuum, and so, certainly, being able to access that through our website. But also being able to respond to me directly, if you’d like to send an email to jeff.gorter@r3c.com, jeff.gorter@r3c.com. And I’d certainly be willing to respond to any questions.

Jamie Gassmann: [00:44:00] Fantastic. Well, thank you so much, Jeff. It was very moving, great information shared, very powerful stories, and advice. And we really do appreciate you. And thank you for letting us celebrate you on the show today. And hearing the experiences you had, the work you did in supporting workplaces at 9/11, and even with COVID, and other events within our history. So, thank you so much for being a part of our show.

Jeff Gorter: [00:44:31] Thank you so much, Jamie. And I urge all your listeners, be well, be safe.

Jamie Gassmann: [00:44:38] Great. And we also want to thank our show sponsor, R3 Continuum, for supporting the Workplace MVP podcast. And to our listeners, thank you for tuning in. If you’ve not already done so, make sure to subscribe so you get our most recent episodes and other resources. You can also follow our show on LinkedIn, Facebook, and Twitter at Workplace MVP. If you are a workplace MVP or know someone who is, we want to know. Email us at info@workplace-mvp.com. Thank you all for joining us. And have a great rest of your day.

 

Tagged With: COVID-19, covid-19 crisis management, Crisis Response, critical incident, Jamie Gassmann, Jeff Gorter, R3 Continuum, September 11th, workplace, Workplace MVP

Employer Job Interviews and Covid-19 Questions

September 3, 2021 by John Ray

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Employer Job Interviews and Covid-19 Questions (Dental Law Radio, Episode 18)

The hot question for dental practices seeking to hire is whether they can ask candidates about their vaccination status. The issue goes deeper than just a simple yes or no. As Stuart Oberman explains in this episode, he finds that HR is the biggest nightmare for dental practices, and that sloppy employer practices and documentation produce sweeping violations which go well beyond just one question in an interview. Dental Law Radio is underwritten and presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the Business RadioX studios in Atlanta, it’s time for Dental Law Radio. Dental Law Radio is brought to you by Oberman Law Firm, a leading dental-centric law firm serving dental clients on a local, regional and national basis. Now, here’s your host, Stuart Oberman.

Stuart Oberman: [00:00:26] Hello, ladies and gentlemen. And welcome to Dental Law Radio. Our previous segments have dealt specifically with COVID-19. We’re going to conclude this series with what happens regarding interviews. So, if we digress a little bit on our first segments, we went through complex governmental matters, employee resistance, mandates.

Stuart Oberman: [00:00:55] Now, what we’re seeing is that in this job market, we’re seeing a lot of turnover in our dental practices and, actually, across the board on our nondental clients. So, we’re getting a lot of questions. Again, this particular topic, employer job interviews, COVID-19 questions, that’s a whole another day – that’s a whole another day that we could speak about for another eight hours. But one thing that we want to do, we just want to touch on some pros and cons, some yes and nos, things you can and can’t do on interviews. Because I will tell you, in today’s world, if you think that the potential employees are not recording your conversations, your job interviews, you have another thing coming. I will assure you. And also, nowadays, we’re doing Zoom interviews, and we’re hiring people without even shaking the hands and kissing the babies. So, then, what do you do? Now, you’re on Zoom. And you don’t even know you’re being recorded on Zoom.

Stuart Oberman: [00:02:09] So, what happens is, is that, now, someone who’s not experienced in your office, it could be a wide variety of positions that do your “hiring and firing,” that are not HR-trained, that either have been the old front desk; or, now, we’ve got the hygienist who’s now interviewing; and now, we got the office manager who used to answer the phones three weeks ago, now, they’re doing the interviews. So, you’ve just opened up the door to huge potential problems if you do not – and I repeat – if you do not understand what you can and cannot do.

Stuart Oberman: [00:02:55] So, very, very succinctly. So, we get these questions, “Can I require vaccinations?” and tell people who I’m hiring, “You are now required to get a vaccination the first day”? The answer is yes. Now, that guidance is constantly changing. Last year when we started all this, COVID-19, the overall prevailing view was no because there is too much risk. Now, we’re seeing mandates on top of mandates, on top of mandates from employers. So, if you have procedures in place, if you have dotted all of your Is and crossed your Ts regarding compliance with the Americans with Disabilities Act, EEOC, the CDC, OSHA, EEO and the FDA, then, yes, there’s probably a pretty good likelihood that you will be able to require that new hires be vaccinated, but you can’t do it arbitrarily.

Stuart Oberman: [00:04:02] Now, I will say this that guidance from the ADA and EEOC, in many cases, is unsettled. So, the guidance today is yes, we can mandate, but we have to have very, very stringent federal law, state law, local law compliance on these policies. So, then, what happened is, is that let’s say you mandate that your hire does not want to get a vaccination. So, now, you’re in a couple areas. You’re in the ADA, American with Disabilities Act, EEOC because you love this new employee, this employee-to-be. So, you have to indicate that you’ve got an accommodation. medically and disability and religiously for that person because they do not and cannot get vaccinated for a wide variety of reasons.

Stuart Oberman: [00:05:12] Now, I will tell you, the sloppiest thing our dental practices do is try to maintain HR. HR is a nightmare for our dental practices. And I’ll say our employer clients, in general. So, one thing you cannot do is that you cannot intermingle the vaccination exemptions, protocols or compliance into the employer’s regular personnel file. These have to be treated as separate confidential medical records.

Stuart Oberman: [00:05:55] Now, we’ve had cases where the employers have literally given over the employee files to them to manage. That is literally like putting the fox in the henhouse. You cannot give your employees their own personnel files to manage, because I will guarantee you, if that employee is fired, leaves, discharged, that record is gone. And then, you’re going to ask me for advice. And I would say, “Where’s your file?” Are you going to say, “I don’t have it.” And I’m going to say, “Where is it at?” And then, you’re going to say, “The employee had it.” I’m going to say, “Great. At least, you had one but, now, we’re in a whole different ballgame.”

Stuart Oberman: [00:06:40] So, on the mandates, the EEOC provides guidance that employers may lawfully — a vaccination policies, even for those that are just starting. Now, the key is that’s a lot of variance there, that’s a lot of governmental guidance agency-wise. So, you have to constantly keep track of what’s going on with all these agencies. Again, I know I keep saying it, OSHA, CDC, EEOC, EO, FDA, all those will change guidance in a heartbeat, and you’ve got to keep track of that, and you have to adjust your written policies – and notice I said written policies – either way. You’ve got to stay on top of this. And honestly, you can’t leave it to one person in your office, HR to cover this. You can’t leave it to payroll. Half the time you’re lucky if you get your payroll correct from payroll companies; nevertheless, handled to HR on a complicated matter like this.

Stuart Oberman: [00:07:42] So, again, I will stress, stay on top of this. Stay on top of this. Seek counsel if you have any questions, concerns whatsoever. If you want to reach out to us, please feel free to email me directly at stuart@obermanlaw.com. We try to provide as much guidance as we can. You could get added to our newsletter. We try to put out publications as much as possible, at least a couple of times a month, on these kinds of issues, related to vaccination issues. We’ll be doing a lot of industry webinars and some live events. So, the resources are out there. Use them because this is an extremely difficult trap for the unwary.

Stuart Oberman: [00:08:37] So, that is really going to conclude our multipart segment on COVID-19, really for now, until the government issues additional guidance. Then, we’re going to have to, obviously, modify some things. So, let’s jump with thank you for joining us. It has been a pleasure. If you have any questions, concerns, please feel free to reach out to us. And have a great day. And we look forward to having you join us on subsequent Dental Law Radio podcasts. Have a great day.

About Dental Law Radio

Hosted by Stuart Oberman, a nationally recognized authority in dental law, Dental Law Radio covers legal, business, and other operating issues and topics of vital concern to dentists and dental practice owners. The show is produced by the North Fulton studio of Business RadioX® and can be found on all the major podcast apps. The complete show archive is here.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm
Stuart Oberman, host of “Dental Law Radio”

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the health care industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Tagged With: COVID-19, Covid-19 Questions, employer liability, HR, Job Interviews, Oberman Law Firm, Stuart Oberman

Dr. Morrow’s Personal Experience with Breakthrough Covid-19 Infection

August 27, 2021 by John Ray

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Breakthrough Covid

Dr. Morrow’s Personal Experience with Breakthrough Covid-19 Infection – Episode 60, To Your Health with Dr. Jim Morrow

Dr. Jim Morrow is the guest on his own show as he shares with guest host John Ray his experience with a difficult breakthrough Covid-19 infection. Dr. Morrow recounts the initial symptoms and what led to a “kitchen sink” of treatments which landed him in Northside Forsyth Hospital ICU. You can read Dr. Morrow’s firsthand account in the Forsyth County News. To Your Health is brought to you by Morrow Family Medicine, which brings the care back to healthcare.

About Morrow Family Medicine, A Member of Village Medical

Morrow Family Medicine, a Member of Village Medical, is an award-winning, state-of-the-art family practice with offices in Cumming and Milton, Georgia. The practice combines healthcare information technology with old-fashioned care to provide the type of care that many are in search of today. Two physicians, three physician assistants and two nurse practitioners are supported by a knowledgeable and friendly staff to make your visit to Morrow Family Medicine, A Member of Village Medical one that will remind you of the way healthcare should be.  At Morrow Family Medicine, a Member of Village Medical, we like to say we are “bringing the care back to healthcare!”  The practice has been named the “Best of Forsyth” in Family Medicine in all five years of the award, is a three-time consecutive winner of the “Best of North Atlanta” by readers of Appen Media, and the 2019 winner of “Best of Life” in North Fulton County.

Village Medical offers a comprehensive suite of primary care services including preventative care, treatment for illness and injury, and management of chronic conditions such as diabetes, congestive heart failure, chronic obstructive pulmonary disease (COPD) and kidney disease. Atlanta-area patients can learn more about the practice here.

Dr. Jim Morrow, Morrow Family Medicine, and Host of To Your Health with Dr. Jim Morrow

Covid-19 misconceptionsDr. Jim Morrow is the founder and CEO of Morrow Family Medicine. He has been a trailblazer and evangelist in healthcare information technology, was named Physician IT Leader of the Year by HIMSS, a HIMSS Davies Award Winner, the Cumming-Forsyth Chamber of Commerce Steve Bloom Award Winner as Entrepreneur of the Year and he received a Phoenix Award as Community Leader of the Year from the Metro Atlanta Chamber of Commerce.  He is married to Peggie Morrow and together they founded the Forsyth BYOT Benefit, a charity in Forsyth County to support students in need of technology and devices. They have two Goldendoodles, a gaggle of grandchildren and enjoy life on and around Lake Lanier.

Facebook: https://www.facebook.com/MorrowFamMed/

LinkedIn: https://www.linkedin.com/company/7788088/admin/

Twitter: https://twitter.com/toyourhealthMD

The complete show archive of To Your Health with Dr. Jim Morrow addresses a wide range of health and wellness topics, and can be found at www.toyourhealthradio.com.

Tagged With: Breakthrough Covid Infection, COVID-19, Covid-19 vaccine, Dr. Jim Morrow, Forsyth County News, John Ray, Morrow Family Medicine, Northside Forsyth Hospital, Village Medical

Must Have Covid-19 Policies for Employers

August 27, 2021 by John Ray

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Must Have Covid-19 Policies for Employers (Dental Law Radio, Episode 17)

How should you handle Covid-19 policies for employees in your dental practice? Can you institute a mandatory vaccination policy? What accommodations can you (or should you) have? Whatever you decide, you’d best not be cutting and pasting what you find on a Google search in your employee handbook, as host Stuart Oberman explains in this episode. Dental Law Radio is underwritten and presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the Business RadioX studios in Atlanta, it’s time for Dental Law Radio. Dental Law Radio is brought to you by Oberman Law Firm, a leading dental-centric law firm serving dental clients on a local, regional and national basis. Now, here’s your host, Stuart Oberman.

Stuart Oberman: [00:00:26] Hello, everyone, and welcome to Dental Law Radio. The hot topic: Covid-19: What You Need to Know. I have a feeling that this is going to be going on, going for a while. Now, this is going to be sort of the second segment, if you will, of what we’ve done before, and we have probably two more segments to cover because, again, we can probably have this kind of segment speaking for eight hours on this topic.

Stuart Oberman: [00:00:59] So, last podcast, we covered COVID-19, Delta variant, mandates and legal liability. So, we covered the good, the bad, the ugly, and the mandates, the commendations, must-have policies. But now, we’re going to jump into and we’re going to drill down a little bit deeper on COVID-19 must-have policies. So, what does that mean? From a legal standpoint, I will tell you must have a policy mandatory or nonmandatory. You can’t just sort of trade defense on this. You’ve got to be all in either way. Either you’re going to mandate it and set guidelines. And then, policies and procedures, if it is not done, draw that line in the sand or you’re going to have nonmandatory policies, and then that’s a whole set of concerns.

Stuart Oberman: [00:01:59] So, what do we do? One, you’ve got to have a mandatory vaccination policy. Two, you got to have a non-mandatory vaccination policy. You got to have one or the other. If you have a mandatory policy for shots, if you will, you have to have a accommodation procedure. As we said in our previous podcast, there are some very, very stringent guidelines for mandatory matters. You have OSHA, you have CDC, you have EEOC, you have EEO, and then you have the FDA. So, on your mandated policies, you have to have a request for a medical exemption or an accommodation that is related to the vaccination. Then, you’ve got to have a request for religious exemption. And then, the accommodation related to the vaccination.

Stuart Oberman: [00:03:04] Now, I want to drill down specifically in policies. So, I want to outline things that have to be and should be in a policy. Now, I will urge you, do not go on the Internet, and cut and paste a vaccination policy because when you’re dealing with OSHA, CDC guidelines, EEOC, EEO and the FDA, that is an absolute trap that I will tell you will not be covered in the things you get on the Internet for cutting and pasting.

Stuart Oberman: [00:03:46] So, basically, basics, basics here, COVID-19 vaccination policy, what does that have to do? Okay. Purpose. You got to outline a purpose. That’s basic. You got to outline a scope. You have to have the policy which sets forth the deadline with which the employees have to have the policy or they have to do an exemption. Okay. So, those two things right there will dictate what forms you use, what forms you do not use.

Stuart Oberman: [00:04:23] So, now, I want to get into a little bit on the request for an exemption. Accommodation, if you will. Again, we’re back into — I know I keep stressing this, but any exemption that you have or receive has to be in guidance with OSHA, CDC, EEOC, EEO or FDA, because here’s why. So, what happens is the exemptions assist employees with disabilities who may be pregnant, who may be nursing, who actually have a qualified medical condition as to why they object to receiving the vaccination. And also, they have to outline that they have a sincerely held religious belief or practice.

Stuart Oberman: [00:05:14] Now, those are the requests for an exemptions. Okay. So, that’s an interactive process between you, the employee and HR. So, they have to show that one, it follows as an exemption; but two, the request has to show that it does not impose a undue hardship on the employer. And that has to be in writing in your document. And it also has to have or should have specific writing that the accommodation can be done and a request can be done without fear of retaliation. You retaliate against an employee who does not want to receive a vaccination, and you got all kind of federal law problems.

Stuart Oberman: [00:06:10] So, let’s take a little bit deeper dive into the request for a religious exemption or accommodation that’s related to the vaccination. So, first and foremost, you need to state very clearly that your practice, or for those who are not dental owners but maybe other business owners, that your business is committed to complying with all laws that protect employees’ religious beliefs. And that you will provide an exemption on a reasonable accommodation for employees’ religious beliefs and practices who prohibit the employee from receiving a COVID-19 vaccination. That is language that needs to be included, along with multiple sections of other exemptions.

Stuart Oberman: [00:07:12] Now, the language has the state — again, I would urge you to seek legal advice if you’re implementing these policies. Do not cut and paste. Now, the policy has to state that for religious exemption, you’re going to provide a reasonable accommodation – here’s the key – that does not create an undue hardship or pose a direct threat to the health or safety of others within the workplace, including the requested employee. So, those are just a small segment of things that have to be listed and outlined on the exemption accommodation.

Stuart Oberman: [00:07:59] So, now, we’ve got a whole another request. Okay. Request for a medical exemption or an accommodation related to COVID-19 vaccination. Again, key, key, key, key, your practice or business is committed to complying with all laws protecting individual rights with disabilities or medical conditions. And you, as employer, will provide an exemption for any medical condition or disability that prevents the employee from getting a COVID-19 vaccination.

Stuart Oberman: [00:08:43] Now, you can’t just go anywhere and get this. This is not like an excuse from your mom or dad, “I need to get out of school early.” This has to be a qualified medical exemption. So, you have to get, or should get, or mandated to receive written certification from a licensed treating physician or a DO – now, depending on your state, nurse practitioner or physician’s assistant, a PA. And there’s a specific outline, it must be noted in their medical report, if you will, as to why they should not receive the vaccination. Again, it has to be documented, meant medically that you are not entitled or required to receive the vaccination. That is a huge, huge burden to lift.

Stuart Oberman: [00:09:50] So, again, I’m going to refresh a little bit on a couple of things. So, mandated policies, okay, vaccination policies, it’s got to be in writing. You can’t just say, “Do this.” Nonmandatory vaccination policy, in writing. Not required. There’s whole steps for that that we’ll go into a little bit more detail. So, then if you have a mandated policy, you’ve got to have an accommodation request for either medical or religious reasons because you have to cover – it’s not optional – you’ve got to cover OSHA, CDC, EEOC, EEO and the FDA.

Stuart Oberman: [00:10:31] So, then, we just covered one of the basic things that have to be in an mandated policy. We covered specific things that have to be in the request for an exemption, for religious beliefs or for disabilities. So, again, I would urge you to seek counsel if you do not have these policies and procedures. And I will tell you, and I’ve said this before and I said this last year in 2000 when all this was taking place, if it’s not COVID-19, it’s going to be something else. We already got the Delta variant popping up that is creating a whole another set of issues. And there’s going to be something after COVID-19 because there always is. You got the swine flu. You got a million things that have happened. So, you got to get it in place now because, otherwise, you are asking for a recipe for disaster.

Stuart Oberman: [00:11:33] As a law firm, we’re going to be covering some areas in our newsletter, Constant Contact. If you have any questions or concerns, please feel free to email me directly, stuart@obermanlaw.com. You can certainly request that we schedule consults. You could certainly request that you be put on our newsletter. We’re trying to be out as a law firm out in front of this because we see where things are going. We have clients in Spokane, Washington, in Tampa, Florida, and up to Maine. So, we’ve got a pretty good idea where these things are going.

Stuart Oberman: [00:12:11] So, mandates, non-mandates, have a procedure in place. Folks, that is all for today. We’re going to go back, and we’re going to jump into two segments that are going to be following regarding COVID-19, because it is just that much of a serious issue that we need to address. Have a great day and thank you everyone for listening.

 

About Dental Law Radio

Hosted by Stuart Oberman, a nationally recognized authority in dental law, Dental Law Radio covers legal, business, and other operating issues and topics of vital concern to dentists and dental practice owners. The show is produced by the North Fulton studio of Business RadioX® and can be found on all the major podcast apps. The complete show archive is here.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm
Stuart Oberman, host of “Dental Law Radio”

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the health care industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Tagged With: COVID-19, Covid-19 Policies for Employers, employee handbook, Oberman Law Firm, Stuart Oberman, vaccination policy

Covid 19 – Delta Variant Mandates & Legal Liability

August 20, 2021 by John Ray

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Dental Law Radio
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Covid 19 – Delta Variant Mandates & Legal Liability (Dental Law Radio, Episode 16)

Do you require all your employees receive the Covid-19 vaccine? How do you deal with employee resistance? What are reasonable accommodations, mandated in federal law, and how do you navigate them? There’s a lot to think about before you dive in with a poorly thought-out policy, and Stuart Oberman sorts out the issues in this episode. Dental Law Radio is underwritten and presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®.

TRANSCRIPT

Intro: [00:00:01] Broadcasting from the Business RadioX studios in Atlanta, it’s time for Dental Law Radio. Dental Law Radio is brought to you by Obermann Law Firm, a leading dental-centric law firm serving dental clients on a local, regional and national basis. Now, here’s your host, Stuart Oberman.

Stuart Oberman: [00:00:26] Hello, everyone, and welcome to Dental Law Radio. The hot topic, that is on a national basis. We’re going to talk, in a multipart series, we’re going to first cover COVID-19 Delta variant mandates and legal liability. Then, we’re going to jump into a couple other areas on the next subsequent podcasts, such as must-have policies and employer job interviews.

Stuart Oberman: [00:01:00] So, there’s been enormous amount of buzz in our office and across the country as to what is going on and required with employees COVID-19 testing, non-testing, mandates, no mandates. So, we’re going to cover some areas on this multipart series. First, I want to take a look at the complex governmental oversight, which it’s all pretty much federal based. So, one of the things driving the mandates is you’ve got federal law, of course. You’ve got OSHA, you’ve got the CDC, the EEOC, the EEO, and the FDA. And if that is not enough acronyms for you, we could probably think of some more.

Stuart Oberman: [00:01:56] So, when all these regulatory matters come out, and the government pushes all these mandates, they’re literally encompassing all these laws, and it is a trap for the unwary, as we say. And I know I’ve said this before in our podcast, but you cannot, under any circumstances, delegate these kind of oversight matters to just anyone in your office. These are very specific guidelines, very specific procedures, and they have to be taught, learned by your staff, and they have to know where to go for this advice.

Stuart Oberman: [00:02:39] So, let’s jump into the topic. So, employee resistance, now what? Okay. So, employees are vaccinated, great, everyone’s happy. But the problem is anywhere from probably 10 to 30 percent of our dental practices have employees, 10 to 30 percent of dental practices, the employees are not vaccinated. So, now, what do you do? So, you’re thinking to yourself, “Okay, I’ll mandate it.” Great. That’s a problem, because now you’ve got to seek guidance from the American Disabilities Act, the EEOC. So, you’re thinking, “Well, how in the world is the Americans with Disabilities Act even come into play for this?” So, under the ADA, it outlines guidelines for employers who refuse to get vaccinated. Employers must have and provide reasonable accommodations. That is a very nebulous term, and there is a lot of moving pieces.

Stuart Oberman: [00:03:41] So, then you say, “Well, what do you do if employees have disabilities?” So, now, you go back under the ADA that says you cannot impose an undue burden on an employer. So, now, you’ve got sort of a dichotomy. Well, we have employees that do not want to get vaccinated, and they have disabilities, and you’ve got to accommodate them. So, then, on the other side of the fence, you say, “Well, employees have disabilities. I cannot, as an employee, impose an undue burden on an employer. So, what exactly is a reasonable accommodation?” It’s all over the map. So, you have job restructuring, part-time remodify job schedules. You’ve got acquiring or modifying equipment. That is just the tip of what the complex governmental matters oversight look at.

Stuart Oberman: [00:04:37] So, now, we say, “Well, I’m going to mandate.” All right. So, now, we say great, mandates. What should be in a vaccination policy that’s mandated? That is a whole different world. So, we’re going to walk through a couple scenarios. This whole topic that we’re talking about today can literally be an eight-hour topic, but we’re going to have to drill it down and piecemeal it over certain segments.

Stuart Oberman: [00:05:10] So, the policy should clearly identify that employees – this is mandatory policy now, employees will be required to demonstrate proof of vaccination. Now, here’s a critical point. Any employee files regarding vaccination, non-vaccination requirements, accommodations, whatever it is, have to be kept separate from a personnel file. So, first and foremost, employees should never have control of their own personnel files. That is a recipe for disaster. So, then, you have to say, “Well, I have employees who do not choose to get vaccinated.” So, then, they’ve got to provide religious or medical reasons. So, any mandatory policy should clearly set forth process by which employees can request an exemption or accommodation.

Stuart Oberman: [00:06:12] You’re thinking, “Well, I have no policy.” That is problematic, and you probably need to call your lawyer, because if you’re trying to mandate these policies, and implement certain things, and push certain procedures and you don’t have a written policy, which we’re going to cover a little bit, else you’ve got some problems.

Stuart Oberman: [00:06:35] So, what do you do if employees choose not to get vaccinated? So, there’s got to be a medical or religious reason, you got to set forth the exemption. And what if an employee declines because of a medical condition? What do you do? Or as we say, sincerely-held religious belief, what do you do? These are all exemptions. So, at a minimum. Any policy you have should identify which employees should notify or should be notified regarding receiving accommodation. How do you request one? How do you request one?

Stuart Oberman: [00:07:14] Now, ultimately, what happens is, is that under no circumstances, and you have any retaliatory measures whatsoever, if you have an employee or employees who refuse to get vaccinated, you cannot retaliate against them under federal law. That is a whole different set of problems.

Stuart Oberman: [00:07:36] Now, if employees are required to be mandated for vaccinations, they have to substantiate an exemption, and you also have to supply an exemption process as far as forms go. And we’re going to cover that a little bit later. Because otherwise, you have no reasonable basis for determining whether or not an exemption exists. So, the policy should be very clearly stated that anyone who fails to become vaccinated by a certain deadline will face certain consequences. You cannot arbitrarily do that. You’ve got to set that out in writing.

Stuart Oberman: [00:08:22] Okay. So, now, we cover two areas. And in this segment, we’re going to cover one more area. So, the first area we covered is that this complex governmental oversight. Then, you have, of course, employee resistance, and now what? So, I want to touch base a little bit on policy mandates. Under the particular mandates, we’re going to go into a deep dive on the next segment as to mandatory/non-mandatory, mandatory vaccination policies, non-mandatory vaccination policies, accommodation procedures, requests for medical exemptions, accommodations related to the vaccination, and request for religious exemptions and accommodations.

Stuart Oberman: [00:09:17] So, those are must-have policies that you have to have in place. And we’re going to go into a little bit of a deep dive on this on our next segment. But for now, take a look at what your policies are, what mandates that you have, what you do and do not want to mandate, whether or not you want to set a deadline as far as mandates go. For this segment, that is all for Dental Law Radio. And I will say this, my friends, always heed this legal advice, keep your friends close, your lawyer closer in this environment. Thank you, guys. Have a great day. And we will see you at our next segment.

 

About Dental Law Radio

Hosted by Stuart Oberman, a nationally recognized authority in dental law, Dental Law Radio covers legal, business, and other operating issues and topics of vital concern to dentists and dental practice owners. The show is produced by the North Fulton studio of Business RadioX® and can be found on all the major podcast apps. The complete show archive is here.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm
Stuart Oberman, host of “Dental Law Radio”

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the health care industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Tagged With: COVID-19, Delta Variant Mandates, dental law, Oberman Law Firm, Stuart Oberman

The R3 Continuum Playbook: Understanding Your Employee’s Fears About a Return to the Workplace

August 19, 2021 by John Ray

return to the workplace
Minneapolis St. Paul Studio
The R3 Continuum Playbook: Understanding Your Employee's Fears About a Return to the Workplace
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return to the workplaceThe R3 Continuum Playbook: Understanding Your Employee’s Fears About a Return to the Workplace

As employers make decisions about requiring employees to return to the workplace and what form that takes, Dr. Tyler Arvig says they need to consider the concerns and fears employees are having about it as well.  He offers ways employers can approach this decision and support their employees’ wellbeing.  The R3 Continuum Playbook is presented by R3 Continuum and is produced by the Minneapolis-St.Paul Studio of Business RadioX®. R3 Continuum is the underwriter of Workplace MVP, the show which celebrates heroes in the workplace.

TRANSCRIPT

Intro: [00:00:00] Broadcasting from the Business RadioX studios, here is your R3 Continuum Playbook. Brought to you by Workplace MVP sponsor R3 Continuum, a global leader in workplace behavioral health, crisis and security solutions.

Dr. Tyler Arvig: [00:00:15] Hello. My name is Dr. Tyler Arvig, the Associate Medical Director at R3 Continuum. As many organizations are beginning to make decisions about going back into the workplace or even deciding if they should return to remote work, I want to provide some information on how to handle the fears that some employees might be feeling at this time. It’s been nearly two years since we heard of the COVID-19 outbreak across the world, and it’s continuing to impact the lives of all of us.

Dr. Tyler Arvig: [00:00:50] While it’s tough to think about now, certain aspects of pre-pandemic life that seemed unimaginable when the virus struck now seemed possible again. As the world continues to evolve and change, businesses are beginning to think about making decisions regarding return to work in the office, going for a hybrid approach or utilizing work-from-home environments. When pondering these decisions, leaders should take a step back and think from the mindset of your typical employee. How are they feeling about their current situation? Are they feeling anxious or distressed? Are they concerned for their safety? What can they expect when they return to the office? And ask yourself if you asked your employees any of these questions or heard their concerns.

Dr. Tyler Arvig: [00:01:49] Over the past 16 months or really more, everything has changed. Most people have transitioned to working from home; and if not, the workplace has drastically changed over that time with health and safety measures being put in place. Those who are parents have had to work through having kids at home and helping teach them in some capacity. As changes in your work, personal and likely financial situations have occurred, this has probably also led to increases in stress. A study done by the Centers for Disease Control in 2020 mentioned that the rate of depression in adults increased almost four times, and the rate of anxiety increased almost three times since the start of the pandemic. Therefore, the pandemic and everything that’s taken place in between has definitely taken its toll.

Dr. Tyler Arvig: [00:02:52] While this may change over time, we are currently seeing a new world or rather a new old world. In most places in the US, masks are no longer required. You might be walking into your convenience store not wearing a mask, while some folks still are. That’s the new old world. For a lot of people, wearing a mask has become part of their day-to-day life. On the topic of walking into a convenience store, we are beginning to see more organizations remaining open again, flights being fully booked, concerts are happening and more. While we are seeing things like this changing back, everyone continues to be hopeful, but also somewhat tentative. As we are getting near the end of summer and vaccination has become more widely available, many employees are starting to think about returning to the office; while, some have already made their decisions and are needing to reanalyze those decisions.

Dr. Tyler Arvig: [00:04:01] As an employee, there are a lot of questions that remain. From the personal side of things they may be asking themselves, how will going back into the office affect my children? What will need to be adjusted in order for me to take care of my family? How’s the commute going to be? And how will it impact my day-to-day life again? Will I be able to maintain a work-life balance. And from a work perspective, a lot of employees are wanting to know things like, will my employer care about my challenges? How will the transition back to work even go? And will it be successful after working from home for so long? Lastly, and not insignificantly, will I be safe at work?

Dr. Tyler Arvig: [00:04:56] As a leader, making this decision for your employees isn’t easy. Whether you decide to have employees returned to the office, go back to working remotely, or continue working remotely, here are some good tips to be sure that you’re providing to your people. To start, be sure to utilize the employee assistance program that you might have. A lot of employees are unaware that they have access to an EAP. Make sure you’re communicating to your employees how they can access your EAP and let them know more information about it. Explore some applications that could potentially help with mental health. There are numerous smartphone apps that can be used to help with things like stress management, anxiety and depression. Do some research and maybe provide some options to your employees. In fact, your EAP might even have something like this. This is something you can do over email, or with links or employees can really access this in whatever way meets their needs. It’s something that you may not have thought of that you can provide.

Dr. Tyler Arvig: [00:06:14] Provide employees with resources from your HR department. HR departments often have different resources they can provide to help employees to support their well-being. Utilize what you already have and be sure to communicate and reach out to your employees about those things. Communication is really key in all of this. While this might seem like a daunting task, I’m reminded of something that’s attributed to Dr. Martin Luther King, the saying that goes, “You don’t need to see the whole staircase. Just take the first step.” The quote is powerful in this day and age as we move forward to the next normal, one step at a time.

Dr. Tyler Arvig: [00:07:02] While there are likely a lot of questions about the future, it’s important for leaders to not only feel prepared to help your employees through these difficult times, but also to support yourself. R3 Continuum can help by providing proactive efforts to maintain the psychological and physical support for your organization. R3C’s tailored solutions can help your organization with crisis prevention and preparedness, crisis response and recovery, proactive employee wellbeing outreach and more. Learn more about our custom solutions and contact us at www.r3c.com or contact us directly by email at info@r3c.com Thank you very much.

 

Show Underwriter

R3 Continuum (R3c) is a global leader in workplace behavioral health and security solutions. R3c helps ensure the psychological and physical safety of organizations and their people in today’s ever-changing and often unpredictable world. Through their continuum of tailored solutions, including evaluations, crisis response, executive optimization, protective services, and more, they help organizations maintain and cultivate a workplace of wellbeing so that their people can thrive. Learn more about R3c at www.r3c.com.

R3 Continuum is the underwriter of Workplace MVP, a show which celebrates the everyday heroes–Workplace Most Valuable Professionals–in human resources, risk management, security, business continuity, and the C-suite who resolutely labor for the well-being of employees in their care, readying the workplace for and planning responses to disruption.

Connect with R3 Continuum:  Website | LinkedIn | Facebook | Twitter

Tagged With: COVID-19, covid-19 crisis management, Dr. Tyler Arvig, empathy in the workplace, playbook, R3 Continuum, workplace culture, Workplace MVP

COVID-19 and OSHA Compliance

April 30, 2021 by John Ray

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Dental Law Radio
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OSHA Compliant

COVID-19 and OSHA Compliance (Dental Law Radio, Episode 2)

On this episode of Dental Law Radio, host Stuart Oberman discusses current issues in OSHA compliance resulting from the COVID-19 pandemic, the risks of non-compliance for dental practice owners, and much more. Dental Law Radio is underwritten and presented by Oberman Law Firm and produced by the North Fulton studio of Business RadioX®.

TRANSCRIPT

Intro: [00:00:02] Broadcasting from the Business RadioX Studios in Atlanta, it’s time for Dental Law Radio. Dental Law Radio is brought to you by Oberman Law Firm, a leading dental-centric law firm serving dental clients on a local, regional, and national basis. Now, here’s your host, Stuart Oberman.

Stuart Oberman: [00:00:26] And welcome everyone to Dental Law Radio. Today’s topic, COVID-19, OSHA Compliant. So, during this whole period of about a year, what we saw was a massive, massive, massive problems with OSHA. You know, I would say this is not your father’s OSHA. And I’ve thought about this for a while where, you know, years ago we’re worried about bloodborne pathogens and needle sticks and how to dispose of items. All those are important. But what’s happened is, is through this whole process, our doctors have developed and continue to develop staff problems.

Stuart Oberman: [00:01:06] So, what happens is, I always tell our doctors, “Disgruntled employees are going three places in the medical field, OSHA, HIPAA, Department of Labor, State and Federal.” So, what happens is that our doctors, historically, botch how to handle OSHA complaints. And a lot of times they are easily handled if you get a grip on it pretty quick. But what happens is, you get the letter, they don’t know where to go, what to do. The office manager doesn’t know what to do because she’s not trained. The staff doesn’t know. Because now, all of a sudden, you’ve got the Hygiene Department, who’s your office manager, who definitely has not been trained on OSHA what to do.

Stuart Oberman: [00:01:52] So, I don’t care how big you are, whether you’re one practice, 300,000, or 40 practices, 40 million, you’ve got to have an OSHA system for regulatory matters. So, we want to talk a little bit about today as to what you do, and we’re seeing an uptick of this more so than we’ve ever seen before.

Stuart Oberman: [00:02:14] You know, through the COVID period – I know everyone’s trying to move out of the COVID period. But I think we got to look back and say, “Hey, what happened? What didn’t work? What worked?” – on the OSHA side, one of our biggest areas that we saw was our doctors were not compliant. They didn’t know how to deal with it. They didn’t have a system when they were running normal, if you will. And they definitely didn’t have a system during COVID-19, especially when they were shut down.

Stuart Oberman: [00:02:41] So, what happens to this whole process of getting an OSHA complaint? What is it? So, you’re going to get a letter from OSHA. OSHA is a massive governmental agency. A bureaucracy that if it’s not handled correctly, you’re going to have some problems to deal with it, and you got to have a system in place. So, depending on how many locations you have, you’re going to get a letter to that location. Now, if it is in relation to a different location and it goes to the wrong location, you got to make sure it gets there.

Stuart Oberman: [00:03:17] We have one particular case, our doctor had three or four locations. It took three weeks to get from point A to point B. That can’t happen. That’s a disaster. So, what’s going to happen is, you’re going to get an OSHA letter. It’s going to be how is this going to be reported. And, generally, you have about five days to respond.

Stuart Oberman: [00:03:35] So, I’m going to go out on a limb that most of OSHA problems can be very easily corrected with a simple process of responding correctly. What does that mean? That means, one, you’ve got to get the document very quickly in your possession. You’ve got to get a handle on the investigation, and it is an internal investigation. So then, you have to go ahead and get your supporting documents. Which a lot of times when doctors are in a mess, they can’t find the photographs, they can’t find anything.

Stuart Oberman: [00:04:05] So then, you got to figure out what’s your corrective action. You’ve got to let OSHA know what is your corrective action. And if you don’t have a corrective action, then they will usually tell you what your corrective action is, which is never ever good. When a governmental agency tells you, one, you’ve got a problem and, two, we’re going to tell you how to fix it, that’s not good. So, we don’t want that to occur.

Stuart Oberman: [00:04:27] So, what happens if you fail to respond and you have to respond? My advice is that, a doctor, office manager, no one internally should ever respond to an OSHA complaint. That, honestly, is the responsibility of counsel. You’ve got to be experienced in this how to respond, what to respond to, what they’re looking for, what they’re not looking for. And if it’s not within the counsel’s wheelhouse, now, you’ve got two problems. One, you’re under investigation. Two, counsel botched the investigation.

Stuart Oberman: [00:05:03] So, what happens if you fail to respond? If you fail to respond, it’s very simple. The government’s going to come in there and they’re going to start digging. And when you got the government coming in and digging on anything, that’s never good. So, they’re going to want a couple of things right off the bat. They’re going to want to know your injury and illness reports. And most doctors have no idea what that is. They’ve never completed it before. We’re lucky if they have an OSHA manual that’s now 20 years old.

Stuart Oberman: [00:05:29] So then, you got to have up to date hazard communication, which is mandated. And then, again, most of our doctors have no idea what that is. It’s been in the manual 20 years ago they bought from an organization, they have no idea what it is. Then, what’s your PPE, personal protective equipment? Where’s that at? Is it up to date? That’s a huge concern. And I think it’s a concern going forward as a whole.

Stuart Oberman: [00:05:55] Our doctors did enormous job on illness ratios. The COVID-19 reports that were coming out that the dental practices, for the most part, were in about the 90 percent range of having no problems whatsoever, and that’s a huge credit. And we’re not out of the woods yet. But I don’t want to harp on COVID-19. I want to harp on the process of what needs to be done and what’s been learned.

Stuart Oberman: [00:06:22] So then, they want to know what your bloodborne pathogens procedures are. They want to confirm your entry point. They want to know what tag outs are or lockouts are. So, those are all the things you’re going to have to address. So, what do we need to do? One, you’ve got to make sure that your OSHA manual is up to date. If it’s not up to date, you need to get it up to date. And I don’t mean, you know, five years. I mean within, like, 12 months from your last publication.

Stuart Oberman: [00:06:59] Be careful what you do if you buy it from an organization, that they don’t just give you a manual and say, “Here. Open it and you’re good to go.” They have to be custom-made. Be careful what you have, because a lot of the online publications are simply statutory codes, which have no relevance whatsoever as to how to handle things day-to-day. So, it’s got to be curtailed. Get an OSHA manual. Your employees got to be trained. They got to be trained. And you’ve got to have an internal process on how to handle the complaints. It’s not if, but it’s when you’re going to get a complaint. And a process is how do I handle it? What do I do? Who do I go to? How quick do we need to get it resolved?

Stuart Oberman: [00:07:38] Because as these fires continue to stay open, the flames get hotter. And the more they dig, the more problems you’re going to have. And the key is to keep the government out of your practices as quickly as possible and out of your life as possible.

Stuart Oberman: [00:07:53] So, those are a couple of things. You know, those are a couple of things we looked at that we’re seeing a lot of things on. And if any takeaways from this, it’s have a process. Understand what the process is, figure it out. It’s not complex. Take a few minutes, train, procedures, internal matters. Those of all have got to be done correctly, succinctly, and in great detail. So, again, a couple of things, 10,000 foot view on what we need to do on OSHA.

Stuart Oberman: [00:08:26] We’re going to be talking maybe one or two other things on OSHA that I’ve been talking about for a while, that we’ve been seeing an enormous rise on for the last couple of months. So, again, thank you for joining us today at dentallawradio.com. And if you want to contact us, please feel free to do so. Our main number is 770-554-1400. Or send me an email, stuart, S-T-U-A-R-T,@obermanlaw.com. And keep joining us and we’re going to try to provide as much relevant content going forward as is possible. Have a fantastic day and thanks again for joining us.

About Dental Law Radio

Hosted by Stuart Oberman, a nationally recognized authority in dental law, Dental Law Radio covers legal, business, and other operating issues and topics of vital concern to dentists and dental practice owners. The show is produced by the North Fulton studio of Business RadioX® and can be found on all the major podcast apps. The complete show archive is here.

Stuart Oberman, Oberman Law Firm

Oberman Law Firm
Stuart Oberman, host of “Dental Law Radio”

Stuart Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 25 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company. Mr. Oberman is widely regarded as the go-to attorney in the area of Dental Law, which includes DSO formation, corporate business structures, mergers and acquisitions, regulatory compliance, advertising regulations, HIPAA, Compliance, and employment law regulations that affect dental practices.

In addition, Mr. Oberman’s expertise in the health care industry includes advising clients in the complex regulatory landscape as it relates to telehealth and telemedicine, including compliance of corporate structures, third-party reimbursement, contract negotiations, technology, health care fraud and abuse law (Anti-Kickback Statute and the State Law), professional liability risk management, federal and state regulations.

As the long-term care industry evolves, Mr. Oberman has the knowledge and experience to guide clients in the long-term care sector with respect to corporate and regulatory matters, assisted living facilities, continuing care retirement communities (CCRCs). In addition, Mr. Oberman’s practice also focuses on health care facility acquisitions and other changes of ownership, as well as related licensure and Medicare/Medicaid certification matters, CCRC registrations, long-term care/skilled nursing facility management, operating agreements, assisted living licensure matters, and health care joint ventures.

In addition to his expertise in the health care industry, Mr. Oberman has a nationwide practice that focuses on all facets of contractual disputes, including corporate governance, fiduciary duty, trade secrets, unfair competition, covenants not to compete, trademark and copyright infringement, fraud, and deceptive trade practices, and other business-related matters. Mr. Oberman also represents clients throughout the United States in a wide range of practice areas, including mergers & acquisitions, partnership agreements, commercial real estate, entity formation, employment law, commercial leasing, intellectual property, and HIPAA/OSHA compliance.

Mr. Oberman is a national lecturer and has published articles in the U.S. and Canada.

LinkedIn

Oberman Law Firm

Oberman Law Firm has a long history of civic service, noted national, regional, and local clients, and stands among the Southeast’s eminent and fast-growing full-service law firms. Oberman Law Firm’s areas of practice include Business Planning, Commercial & Technology Transactions, Corporate, Employment & Labor, Estate Planning, Health Care, Intellectual Property, Litigation, Privacy & Data Security, and Real Estate.

By meeting their client’s goals and becoming a trusted partner and advocate for our clients, their attorneys are recognized as legal go-getters who provide value-added service. Their attorneys understand that in a rapidly changing legal market, clients have new expectations, constantly evolving choices, and operate in an environment of heightened reputational and commercial risk.

Oberman Law Firm’s strength is its ability to solve complex legal problems by collaborating across borders and practice areas.

Connect with Oberman Law Firm:

Company website | LinkedIn | Twitter

Tagged With: COVID-19, dental practie, Oberman Law Firm, OSHA, OSHA compliance, OSHA compliant, Stuart Oberman

The R3 Continuum Playbook: Considerations for Returning to the Office After Remote Work

April 29, 2021 by John Ray

returning to the office
Minneapolis St. Paul Studio
The R3 Continuum Playbook: Considerations for Returning to the Office After Remote Work
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Return to Workplace

The R3 Continuum Playbook:  Considerations for Returning to the Office After Remote Work

Dr. Tyler Arvig of R3 Continuum detailed considerations involved in returning to the office after a long season of remote work, including adjusting to a commute again. He also addressed issues of physical safety, productivity, and how business leaders can support their employees. The R3 Continuum Playbook is presented by R3 Continuum and is produced by the Minneapolis-St.Paul Studio of Business RadioX®. R3 Continuum is the underwriter of Workplace MVP, the show which celebrates heroes in the workplace.

TRANSCRIPT

Intro: [00:00:00] Broadcasting from the Business RadioX Studios, here is your R3 Continuum Playbook. Brought to you by Workplace MVP sponsor, R3 Continuum, a global leader in workplace behavioral health crisis and security solutions.

Tyler Arvig: [00:00:13] Hello. I’m Dr. Tyler Arvig, the Associate Medical Director for R3 Continuum. And today, I’m going to discuss an issue we’re all thinking about, which is, bringing workers back to the office after an extended period of time working from home.

Tyler Arvig: [00:00:31] As the world has now normalized work-from-home, returning to the office actually might seem quite far and involves more challenges than we might have anticipated. As with near everything over the past several months, the simplest things can be the hardest to manage. This includes the seemingly uncomplex task of going back to the office. People have become accustomed to working from home with everything that that entails, including spending more time with family, not having to commute, having more flexible work hours, and being in a more casual environment. The routine act of going to the office now takes more time and mental energy.

Tyler Arvig: [00:01:19] As we see some employers opting to allow continued and potentially indefinite remote work for some or all of their workforce, other employers are making the decision to bring everyone back in-house while they’re related to financial considerations, concerns about productivity, outward appearances, or belief that team work is best done on an individual and in-person basis.

Tyler Arvig: [00:01:47] The decision to bring people back to the office was likely not an easy one and required much planning, both from human resources and executive leadership. The decision to bring people back into the office will cut both ways. It will be unpopular for employees who had thrived in a work-from-home environment. For others, however, they may relish the opportunity for human interaction, personal collaboration, and a return to routine.

Tyler Arvig: [00:02:20] There are some things you can expect in bringing people back to the office and advance knowledge of these things will help to make the transition more successful. Business leaders who take a more proactive approach to supporting their employees are going to be the most successful in the return to the office process. Let’s dive into some key areas that we need to be proactively addressed with your employees.

Tyler Arvig: [00:02:51] Perhaps the most obvious issue to be addressed is one of physical safety. We bring people back to the office at this point because the prevalence of COVID-19 has decreased in the population and vaccines are more widely available. With that said, COVID-19 is still present in relatively high numbers, and vaccine access, particularly for younger adults, continues to be a bit of a challenge. Furthermore, fears over variants of COVID-19 still exist. For these reasons, returning to the office will feel differently than it has in the past. The use of personal protective equipment, distancing measures, and other things are likely to be required, at least in the near term.

Tyler Arvig: [00:03:39] As a leader, part of this is going to mean providing extra measures of support as people navigate anxiety. Welcoming people back in a unique way is one way to make the transition a bit easier. It is not just another day at the office, acknowledge that. And provide something enjoyable or meaningful as people return. Frequent communication is another way to ease the transition. Communication is key in this process, so communicate often and in personal ways to help employees feel valued and safe as this process unfolds.

Tyler Arvig: [00:04:20] It is reasonable to anticipate some decreased productivity, at least at first. The same way you might have seen this when folks started working from home, you’re also likely to see this as they return to the office. Anxiety, as we just discussed, may contribute to that decrease in productivity. Working with the use of personal protective equipment and with physical distancing also might decrease productivity, at least temporarily. And personal relationships and conversations, which may have been limited over the past year, may also contribute to that decrease in productivity.

Tyler Arvig: [00:05:02] While it might seem counterintuitive to communicate to folks about the likely blip in their productivity, it also shows understanding of the unique circumstance they’re in. Being supportive in helping people to re-find their rhythm of productivity should be done as well. People will find their way back to their previous level of productivity in short order if we do the right things.

Tyler Arvig: [00:05:30] We also cannot discount further complicating factors for office work that have been silent over the past year, such as reintroduction of the commute, re-establishing child care, and re-establishing other routines that, frankly, we haven’t had to do over the past year. Adjusting to this will take some time. And to the extent that minor flexibilities are available to employees who are returning to the worksite, this could be incredibly helpful, both personally and from a work productivity standpoint. Returning to the office in a less rigid manner is likely to make the experience more successful.

Tyler Arvig: [00:06:12] Lastly, it is important to have resources available to employees who need additional support. One solution R3 Continuum offers is wellness outreach, which reaches out to employees proactively to provide support in the return to work transition process. It may also mean leaning on your EAP for additional support. Or implementing other programs that help your employees adapt to the changes in their work life.

Tyler Arvig: [00:06:41] As always, R3 Continuum is here to help you navigate the challenges of bringing people back into the office, whether consulting with your management team, providing direct employee support, or providing customized trainings. We have the tools and resources you need to be successful. You can find more information on our website, www.r3c.com. Or you can email us at info@r3c.com. My colleagues and I are always available to consult on this or a variety of other employee and organizational wellbeing initiatives. Thank you.

 

 

 

Show Underwriter

R3 Continuum (R3c) is the underwriter of Workplace MVP, a show which celebrates the everyday heroes–Workplace Most Valuable Professionals–in human resources, risk management, security, business continuity, and the C-suite who resolutely labor for the well-being of employees in their care, readying the workplace for and planning responses to disruption.

R3 Continuum is a global leader in workplace behavioral health and security solutions. R3c helps ensure the psychological and physical safety of organizations and their people in today’s ever-changing and often unpredictable world. Through their continuum of tailored solutions, including evaluations, crisis response, executive optimization, protective services, and more, they help organizations maintain and cultivate a workplace of wellbeing so that their people can thrive. Learn more about R3c at www.r3c.com.

Connect with R3 Continuum:  Website | LinkedIn | Facebook | Twitter

Tagged With: COVID-19, R3 Continuum, remote work, return to office, Return to Work, returning to the office, Tyler Arvig, workplace

Decision Vision Episode 108: Should I Have My Employees Return to the Workplace? – An Interview with Employment Attorney Jonathan Hyman and Physician Dr. Jim Morrow

March 18, 2021 by John Ray

Dr. Jim Morrow
Decision Vision
Decision Vision Episode 108: Should I Have My Employees Return to the Workplace? - An Interview with Employment Attorney Jonathan Hyman and Physician Dr. Jim Morrow
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Dr. Jim Morrow

Decision Vision Episode 108:  Should I Have My Employees Return to the Workplace? – An Interview with Employment Attorney Jonathan Hyman and Physician Dr. Jim Morrow

Jonathan Hyman, an attorney with Wickens Herzer Panza, and Dr. Jim Morrow of Morrow Family Medicine join host Mike Blake to consider “return to workplace” issues such as requiring a Covid-19 vaccination, safety-related accommodations, and other concerns both employers and their employees are currently wrestling with. “Decision Vision” is presented by Brady Ware & Company.

Jonathan Hyman, Attorney, Wickens Herzer Panza

Jonathan Hyman, Wickens Herzer Panza

Mr. Hyman is a member of the Firm’s Litigation Department and Employment & Labor practice group and serves on the Board of Directors. He focuses his practice on management-side labor and employment law, providing businesses proactive solutions to solve their workforce problems and reactive solutions when they find themselves litigating against an employee or group of employees.

Proactively, Mr. Hyman serves as outside in-house counsel for businesses. He is the voice on the other end of a phone when a business needs advice on firing an employee, a policy or agreement drafted, guidance on a leave of absence, disability accommodation, or internal complaint or investigation, or information on any number of other issues that plague human resources professionals and businesses daily. Mr. Hyman also has extensive experience on more specialized labor and employment law issues, such as wage and hour compliance, social media, cybersecurity, and other workplace technology concerns, affirmative action compliance, and union avoidance and labor relations.

Reactively, Mr. Hyman represents businesses in employment and labor litigation, including discrimination, retaliation, harassment, and claims, non-competition and trade-secret misappropriation disputes, wage-and-hour class and collective actions, and union certification and decertification matters.

He is also the author of the renowned and award-winning Ohio Employer Law Blog (www.ohioemployerlawblog.com, an American Bar Association Blawg Hall of Fame inductee), which he updates daily to provide businesses and human resources professionals breaking news and other updates on the ever-changing landscape of labor and employment law.

Wickens Herzer Panza has been committed to providing sound legal guidance to businesses of Lorain & Cuyahoga Counties since 1932. Wickens Herzer Panza provides legal counsel to family- and privately-owned businesses in the areas of Business Organizations & Tax, Probate & Estate Planning, Elder Law and Business Litigation. We’re more than legal counsel, too. We’re a business partnership, an advocate for our clients and advisors who support, give advice and protect those we work with. We are our clients’​ trusted advisor and make it our mission to be responsive, accountable, proactive and client-centered. Our Firm has offices in Avon, Ohio, and Sandusky, Ohio.

Mr. Hyman joined Wickens Herzer Panza in March of 2021, and was previously with Meyers, Roman, Friedberg & Lewis in Cleveland, Ohio. (Note:  this show was taped prior to Mr. Hyman’s change of firms.)

Wickens Herzer Panza website | Hyman LinkedIn

Dr. Jim Morrow, Morrow Family Medicine

Dr. Jim Morrow
Dr. Jim Morrow, Morrow Family Medicine

Dr. Jim Morrow was the first physician to practice on the Northside Hospital Forsyth campus in Cumming, Georgia. Opening the practice in November, 1998, his practice quickly became a “go-to” practice for Forsyth County residents.

As with that practice, Morrow Family Medicine will be known for its open access policy, same-day appointments and very popular morning walk-in hour. Dr. Jim Morrow’s special areas of interest in medicine are sports medicine, episodic care (care of acute problems and illnesses), chronic disease management and urgent care. He has served as team doctor for various high schools in his many years of practice, most recently at North Forsyth High School and Forsyth Central High School in Cumming.

Dr. Morrow graduated from Clemson University and the University of South Carolina School Of Medicine. He completed his residency in Family Medicine in Anderson, South Carolina in 1985. A 2004 winner of the Healthcare Information Management Systems Society’s (HIMSS) Davies Award for Excellence in EMR Implementation, he was also recognized as the 2006 Physician IT Leader of the Year by HIMSS. He served four years as a commissioner on the Certification Commission for Healthcare Information Technology (CCHIT). Dr. Morrow serves as Vice-Chairman of the Board of Directors of the Georgia Health Information Exchange (GHIE) and is a member of the Advisory Board for Health for the Technology Association of Georgia (TAG-Health). In 2014, Dr. Morrow was awarded the Steve Bloom Award by the Cumming-Forsyth Chamber of Commerce as Entrepreneur of the Year, and he also received a Phoenix Award from the Metro Atlanta Chamber as Community Leader of the Year.

Founded by Dr. Jim Morrow, Morrow Family Medicine, a Member of Village Medical, is an award-winning, state-of-the-art family practice with offices in Cumming and Milton, Georgia. The practice combines healthcare information technology with old-fashioned care to provide the type of care that many are in search of today. Two physicians, three physician assistants, and two nurse practitioners are supported by a knowledgeable and friendly staff to make your visit to Morrow Family Medicine, A Member of Village Medical one that will remind you of the way healthcare should be.  At Morrow Family Medicine, a Member of Village Medical, we like to say we are “bringing the care back to healthcare!”

Dr. Jim Morrow also hosts “To Your Health with Dr. Jim Morrow” on the Business RadioX® network, a radio show/podcast that addresses a wide range of health and wellness topics. It can be found at www.toyourhealthradio.com.

Company website | Facebook | LinkedIn | Twitter

Mike Blake, Brady Ware & Company

Mike Blake, Host of the “Decision Vision” podcast series

Michael Blake is the host of the “Decision Vision” podcast series and a Director of Brady Ware & Company. Mike specializes in the valuation of intellectual property-driven firms, such as software firms, aerospace firms, and professional services firms, most frequently in the capacity as a transaction advisor, helping clients obtain great outcomes from complex transaction opportunities. He is also a specialist in the appraisal of intellectual properties as stand-alone assets, such as software, trade secrets, and patents.

Mike has been a full-time business appraiser for 13 years with public accounting firms, boutique business appraisal firms, and an owner of his own firm. Prior to that, he spent 8 years in venture capital and investment banking, including transactions in the U.S., Israel, Russia, Ukraine, and Belarus.

Brady Ware & Company

Brady Ware & Company is a regional full-service accounting and advisory firm which helps businesses and entrepreneurs make visions a reality. Brady Ware services clients nationally from its offices in Alpharetta, GA; Columbus and Dayton, OH; and Richmond, IN. The firm is growth-minded, committed to the regions in which they operate, and most importantly, they make significant investments in their people and service offerings to meet the changing financial needs of those they are privileged to serve. The firm is dedicated to providing results that make a difference for its clients.

Decision Vision Podcast Series

“Decision Vision” is a podcast covering topics and issues facing small business owners and connecting them with solutions from leading experts. This series is presented by Brady Ware & Company. If you are a decision-maker for a small business, we’d love to hear from you. Contact us at decisionvision@bradyware.com and make sure to listen to every Thursday to the “Decision Vision” podcast.

Past episodes of “Decision Vision” can be found at decisionvisionpodcast.com. “Decision Vision” is produced and broadcast by the North Fulton studio of Business RadioX®.

Visit Brady Ware & Company on social media:

LinkedIn:  https://www.linkedin.com/company/brady-ware/

Facebook: https://www.facebook.com/bradywareCPAs/

Twitter: https://twitter.com/BradyWare

Instagram: https://www.instagram.com/bradywarecompany/

TRANSCRIPT

Intro: [00:00:01] Welcome to Decision Vision, a podcast series focusing on critical business decisions. Brought to you by Brady Ware & Company. Brady Ware is a regional full- service accounting and advisory firm that helps businesses and entrepreneurs make visions a reality.

Mike Blake: [00:00:20] Welcome to Decision Vision, a podcast giving you, the listener, clear vision to make great decisions. In each episode, we discuss the process of decision making on a different topic from the business owners’ or executives’ perspective. We aren’t necessarily telling you what to do, but we can put you in a position to make an informed decision on your own and understand when you might need help along the way.

Mike Blake: [00:00:39] My name is Mike Blake, and I’m your host for today’s program. I’m a director at Brady Ware & Company, a full-service accounting firm based in Dayton, Ohio, with offices in Dayton; Columbus, Ohio; Richmond, Indiana; and Alpharetta, Georgia. Brady Ware is sponsoring this podcast, which is being recorded in Atlanta per social distancing protocols. If you like this podcast, please subscribe on your favorite podcast aggregator, and please consider leaving a review of the podcast as well.

Mike Blake: [00:01:06] So, this week’s topic is, Should I have my employees return to the office? And we’re getting to a point now here, March 2nd of 2021, and this is about the time when everything really started to change. I was just noting that the last time I was in a restaurant was actually St. Patrick’s Day of last year. And in retrospect, I probably should not have done that. But I got away with that. But I have not been to a restaurant since. And in the interim, we’ve had this pandemic as a riding shotgun in our lives in some fashion for the last year. And it has had profound effects on families, our economy, and society, politics as everybody listening to this podcast, I think, knows. But there’s not a light at the end of the tunnel.

Mike Blake: [00:02:08] Now, four companies have had vaccines approved. I think three are in production. One is about to start. I think that’s the one with Johnson and Johnson, if I’m not mistaken. One of our guests who’s an actual doctor may correct me on that. But, you know, we’re seeing a light at the end of the tunnel. As of this date, something on the order of about 60 million Americans have received at least dose one of the vaccine. And the United States is currently fourth among all countries in terms of vaccinations per thousand people. So, in spite of a lot of the doom and gloom that’s been hanging over this issue, you know, we are making progress. And so, I don’t know when the pandemic is going to be behind us. I don’t know if it’s going to be behind us. So, I don’t know if I’m going to use the term post-pandemic decision or a trans-pandemic or co-pandemic decision, meaning that, you know, it’s taking place along either the transition or just, you know, the pandemic sort of being here to stay.

Mike Blake: [00:03:16] But we are coming to a point now where we have new tools to manage the pandemic. And, also, new tools are coming on to treat the pandemic for those of us who fall ill with it. I believe a brand new antiviral cocktail was approved by the FDA either last week or two weeks ago that is showing good promise. So, you know, we’re better treating this as well. Not there out of the woods, but it is appropriate to start thinking about what does this whole thing sort of look like after or as we move into this new phase of the coronavirus pandemic?

Mike Blake: [00:03:56] And one of those topics is, should I have my employees return to the office? And this is such a tricky question. You know, the whole notion of our relationship with labor, I think, to some extent has been called into question. And we’ve discussed this before on the podcast a little bit, what constitutes an essential worker? Should workers be paid hazard pay? And that issue is cropping up, you know, even at this late stage in the pandemic. You know, some employers were adding a hazard pay bonus early in the pandemic and some of them have stopped. And I’m not going to offer an opinion as to one way or the other. That’s just the facts of what’s happening.

Mike Blake: [00:04:51] Some companies have been very aggressive in effectively telling their employees, “Go away. I don’t want to see you at the office. It’s not open.” Others have not let their employees leave because they are not comfortable with their ability to manage such employees remotely. And then, there’s been some hybrid in between. At Brady Ware, for the most part, we’re observing at least our interpretation of best practices from a medical standpoint to keep our employees safe. But we’re also making the office – and we’re certainly providing everything we think is reasonably possible to enable our employees to work from home or some other place they deem safe. But we’ve also kept the offices open for people that want to come into the office. Some people really struggle with working from home. You know, imagine if you’re a single parent, have school aged children, and your schools are closed, and you live in an apartment, and you’re trying to get meaningful work done. I thank God that I am not in that particular position and I have nothing but admiration for anybody who is able to manage that.

Mike Blake: [00:06:00] But, now, we’re in a position where returning to the office is going to become a viable option sometime, I would guess, in the next six months or so, if not sooner. And this is a multifaceted question. I think, two facets in particular. And so, we’re going to have two guests today. One facet of this is, what are the legal ramifications of return to work? For those of us who work in offices, we historically have not had to think all that much about worker safety. Our main concerns would be drink bad coffee, or do we get a million papercuts. Or, worst case scenario, does a disgruntled employee or former employee come back to the office and start making trouble? But, now, we have this virus and people that could be working in close contact in a closed air circulation system that’s going to lead to its own challenges.

Mike Blake: [00:07:06] And then, on the medical side, you know, where do best practices from a medical side mesh with, interact with, or perhaps even contradict what is legally required? So, this is a multifaceted discussion. And there are business issues as well that we could get into. But we’re not going to have the time. But we do have a mini panel of two that can help us at least unwind this in the legal perspective and the medical perspective.

Mike Blake: [00:07:38] So, in no particular order, first joining us today is Jon Hyman, who is a partner at Meyers Roman Friedberg and Lewis up in Ohio. Jon is a nationally recognized author, speaker, blogger, and media source on employment and labor law. Jon’s legal practice provides proactive and results driven solutions to employer’s workforce problems. He also works with businesses to help position them to best combat the ongoing risks of cyber crimes. Jon serves as the outside in-house counsel role for businesses. In this role, he drafts policies and handbooks, audit human resources and technology practices and procedures, advise companies on day-to-day human resource issues, and successfully litigate employee disputes.

Mike Blake: [00:08:21] Jon has written two books, The Employer Bill of Rights: A Manager’s Guide to Workplace Law and Think Before You Click: Strategies for Managing Social Media in the Workplace. Jon has appeared in the Fox Business Network, National Public Radio and, locally, on WEWS – I think that’s in Cleveland. But Jon will correct me. He has also been quoted on workplace issues in publications such as The Wall Street Journal, National Public Radio, MSNBC.com, Business Insurance Magazine, Crain’s Cleveland Business, and The Cleveland Plain Dealer. Finally, Jon appeared on a November 1999 episode of Who Wants to Be a Millionaire? But sadly lacked the fastest fingers. Jon, welcome to the program.

Jon Hyman: [00:09:02] Thanks. It’s great to be here. Thanks for having me.

Mike Blake: [00:09:05] Also, joining us is Dr. Jim Morrow, and I will use the honorific of doctor only once per Jim’s request. Jim was the first physician to practice on the Northside Hospital Forsyth campus in Cumming, Georgia. Opening the practice in November 1998, his practice quickly became a go-to practice for Forsyth County residents. His special areas of interest in medicine are sports medicine, episodic care, i.e. care of acute problems and illnesses, chronic disease management, and urgent care. He has served as team doctor for various high schools in his many years of practice.

Mike Blake: [00:09:39] Jim graduated from Clemson University and the University of South Carolina School of Medicine. Does Clemson University have a football team? I think I’ve heard of them. In 2014, Jim was awarded the Steve Bloom Award by the Cumming-Forsyth Chamber of Commerce as Entrepreneur of the Year. And he also received a Phoenix Award from Metro Atlanta Chamber as Community Leader of the Year. Since 2015, Morrow Family Medicine has been voted Best of Forsyth in Family Medicine every year. The Milton location has been named best of North Atlanta every year since it opened. Jim is also host of the To Your Health podcast, a biweekly podcast produced by Business RadioX. Jim, also welcome to the program.

Dr. Jim Morrow: [00:10:17] Thank you very much. I’m glad to be here.

Mike Blake: [00:10:19] So, gentlemen, I think a question that’s on everybody’s minds, I think, is a subject to a lot of debate. And I’m probably leading off with the most unfair question I could possibly think of, but here it goes, it’s the Internet. How close do you think we are to mass return to offices or at least an option to return?

Jon Hyman: [00:10:42] That’s a hard question.

Mike Blake: [00:10:44] I told you it’s going to be unfair.

Jon Hyman: [00:10:47] I hate to give the stock lawyer answer, which is it depends, but I think it largely does. Because I think every business, I think, has to decide what’s right for it in its particular circumstances, with what its needs are, how it best operates, and what its employees are comfortable doing or not doing under the circumstances. So, I think for the, you know, run of the mill kind of white collar business office where people have been productively and effectively working remotely since the world shut down a year ago, the answer may be much further off in the future if ever the people return to the office full time. For the kind of widget maker manufacturer that needs to get people on a line in order to put out product and sell product and turn a profit, I think it’s a much different type of answer with a much different set of legal issues that business has to consider.

Mike Blake: [00:11:45] Jim, what do you think? As a physician, I’m sure you get asked this all the time. You know, one of our listeners has an office that’s been largely closed or skeleton staffed. How far along do we need to be in this vaccination program before you think it might be medically advisable? Or what condition need to be met for it to be medically advisable to open the gates and allow more people in?

Jim Morrow: [00:12:10] Well, as you started at the beginning talking about vaccines, we’re very fortunate now to have vaccines available. And I think that really is the thing that’s going to make all this possible. But the problem is, most of the people that are doing the work that you’re talking about are not old enough to get a vaccine yet. So, they’re not yet vaccinated. So, they are no different from what they were basically a year ago in that regard. But I think what we’ve got to do is get enough people vaccinated so that we can have herd immunity around the workplace. And that 75 percent of people probably vaccinated or with antibodies – and the problem with the antibodies from illnesses is it just doesn’t last long enough to give you much coverage.

Dr. Jim Morrow: [00:12:48] So, with Johnson and Johnson’s vaccine being approved over the weekend, we suspect that by the end of July, every American who will take a vaccine will have an opportunity to get one. And I think that’s what it’s going to take to get people back in offices, especially like the widget factory that you’re talking about, because, you know, they are next to each other. They are in close contact. They can’t close the door to their office in most cases and separate themselves. So, I think getting some form of immunity through a vaccine is what it’s going to take. I think by fall we’ll be there. I think we’ll be able to do that.

Jon Hyman: [00:13:26] I think the complicating factor is going to be how quickly we can get a vaccine approved for kids. Because part of the issue of getting people back to work is getting parents back to work, particularly if they’re at home managing younger children. And if those children can’t be vaccinated, it makes it difficult for the parents possibly to peel away from the home if schools aren’t open or there’s no child care otherwise available for the kids that they’re comfortable putting the kids in. So, I think part of the equation – I think an important part – is going to be just how quickly we can close out the clinical trials for the vaccines for teens and down so that they can get vaccinated, too, so schools can open up full time, daycare centers can open up full time, which allows kids to get back out of the house full time, which then allows their caregivers/parents to then get out of the home and return to work without worrying about who’s caring for their kids during the day.

Dr. Jim Morrow: [00:14:25] No doubt. And the trials for peds has really just barely started. So, I’m not sure when we’ll have that data. I think, it’s going to be a while now. And that certainly would push things for those people out past the end of the summer.

Mike Blake: [00:14:40] So, I’d like to get both your perspective on the following question, obvious to the seats to what extent they match up or not. When workers do start to return on mass – I understand that’s an amorphous term, but let’s roll with it anyway. When workers do return sort of in sufficient numbers, how would you advise offices to look or change in order to maximize safety or at least balance safety with the business objectives of the business?

Jim Morrow: [00:15:18] From a health standpoint, if you think about the company that has an entire floor – an office building full of cubicles – it makes me wish once again that I’d been in the plexiglass business when this thing started – because I can just envision plexiglass from the top of the cubicle to the ceiling or at least another five feet up and creating a cocoon where these people will sit. I don’t know that that’s something that’s going to be feasible. I don’t know that it’s something that companies are going to want to do or be able to do. And I could just see employees balking at the whole idea. They’re going to be sticking their head around the cubicle, talking to Joe next door. So, the company is going to be wondering why they spend these thousands of dollars on all this stuff? But I think that’s something you may very well see in that situation. I don’t know how you can bring people back into that until you do have the vaccines. I don’t know that you can really prepare for that.

Dr. Jim Morrow: [00:16:18] In the factory setting, the same thing. I mean, you’re not going to put plexiglass between all these people. It’s just not going to happen. And, again, if you did, they would, you know, ignore it pretty much, I’m sure. So, I think, really, it comes down to getting people immune. I don’t see any good way to change things in the work environment that’s going to allow this to happen without people being immune.

Jon Hyman: [00:16:46] I think we’ll be living with masks for a while as well. I think that we will be seeing masks in public, in general, and on a smaller scale in the workplace for the foreseeable future until we have – I’m not sure if there’s ever going to be a magic switch where the CD says, “Masks off today.” So, I think gradually over time, we’ll see a reduction in use. But I think for now, in the foreseeable future, at least through the end of this year, for certain, masks is just something we’re just going to have to to deal with, particularly as people are coming back to work.

Jim Morrow: [00:17:21] Or the employees are going to push back on that and say, “You can’t make me wear a mask.”

Jon Hyman: [00:17:25] I’ll tell them, “You don’t have to work here then.” I mean, we’re at will employees and so my rules. You know, “Go find a job somewhere else.” And there are lots of stories over the last year of employees who have pushed back on that or employers who have pushed back on it, who have had – there was a story I read just the other day of a beer hall in Columbus that had all of their employees walk out in masks. They said, “We feel this is an unsafe workplace. You’re not taking COVID seriously. You’re not protecting our safety adequately.” And every employee quit and they’ve been shut down since.

Jon Hyman: [00:18:07] So, I think one of the lasting stories, I think, that’s going to come out of the pandemic will be, sadly, we know that not every business is going to survive COVID. Some will never reopen. What I hope is that, if karma and the universe works the way I think it should work is that those businesses that don’t survive the pandemic and don’t reopen are the ones that didn’t take COVID seriously, denied that it was a reality, bosses who called it the China virus, didn’t enforce mask rules, didn’t enforce social distancing. Otherwise, didn’t do everything that they needed to do to protect the health, safety, and welfare of their employees, their customers, people they interacted with their business on a day-to-day basis, they’ll be the ones that close. And the ones that are able to open up and thrive in a post-COVID world, whenever that is, are the ones that took the virus seriously and did the things necessary to protect the health and safety of their employees.

Jim Morrow: [00:19:11] And I agree that the masks are going to be around to some degree for the rest of my life probably. But, you know, if just masking was going to be enough to get these people back to work, we could have done that before. So, I think the combination of being smart, getting a vaccine, being smart, wearing a mask, acting like you care about the people around you, and that kind of thing – which is a huge part of this – just that little bit, I think if we can find a way to get those things in combination together, I think, people could go back to work.

Jon Hyman: [00:19:45] Yeah. I agree. That’s the other lasting lesson of this whole thing is just how freaking selfish people are. It’s just appalling the selfishness that this has exhibited in people.

Jim Morrow: [00:19:56] People tell me all the time, you know, “You can’t make me wear a mask. I have a right not to wear a mask.” And I tell them, “Your right stops when your spittle hits me in the face.”

Jon Hyman: [00:20:05] Exactly right. Exactly right.

Mike Blake: [00:20:08] Well, Jon, I want to pause on that because I’m curious. Where is the law right now in terms of does it tend to favor employees right now, or employers, or is it all over the map? What is the posture of the law right now in terms of responsibilities of employers versus freedom to operate versus at will employment?

Jon Hyman: [00:20:37] Yeah. It’s a bit all over the map. There has not yet been a uniform national standard that’s been issued to govern COVID safety in the workplace. OSHA, the Occupational Safety and Health Administration, the federal agency that governs workplace safety, has not issued a uniform national standard on COVID or pandemic safety. They have issued a series of kind of informal best practice guidance to say this is what we think you should be doing in order to provide a safe and healthy workplace for your employees. Employers, even without a COVID standard, have under OSHA a general duty to provide a safe and healthy workplace for their employees.

Mike Blake: [00:21:31] And so, a lot of people, including myself, interpret that general duty as encompassing kind of the best practices that OSHA says employers should do, which is, you know, masking, social distancing, not coming to work when you’re sick, sanitizing surfaces, and things like that. All the things that we think of when we think about COVID safety in public spaces. But there isn’t a uniform national standard. State rules are all over the map. Some states have, for example, uniform masking requirements. Some states don’t. And some states are in the middle.

Jon Hyman: [00:22:12] And then, I think what is really driving a lot of what employers are doing or a lot of what is protecting employees is the PR hit that businesses are suffering when they get called out for not doing this the right way. When the employees quit in masks, when the employee complains about, you know, you’re allowing people to come in without masks, and they complain, and then they’re fired. And then, they hire a lawyer and the lawyer files a lawsuit and issues a press release. And now, you know, that employer has the scarlet letter for not taking COVID seriously. So, a lot of it is PR driven or reputationally driven. Some of it is driven by lawsuits that employees can file for things like, you know, whistleblower protections when they’re fired for raising safety issues. And a lot less of it is driven by what the government has said employers must do, because those rules are, frankly, kind of fuzzy.

Mike Blake: [00:23:07] And what about protections for people that are specifically vulnerable? I had an idea or thought, and I say this as completely a non-lawyer so I’m probably entirely off the reservation. But could we see something along the lines of where employees start to claim that they’re covered effectively under the Americans with Disabilities Act because of their particular vulnerability to COVID and, therefore, employers have a duty to go to extraordinary lengths to protect such individuals, particularly if coronavirus is going to be one of these things like the flu which is going to be with us for a long time.

Jon Hyman: [00:23:44] You’re in the ballpark. You’re in the ballpark. Yes, employees who are at high risk for complications from COVID-19 are protected by the Americans with Disabilities Act. The employer’s obligation is, once they become aware that an employee may need a reasonable accommodation, and that’s the standard. The standard is a reasonable accommodation, not extraordinary lengths. So, once the employer becomes aware of the employee’s need or potential need for a reasonable accommodation for a physical or mental impairment, the employer has to engage in what the law refers to as an interactive process with the employee. That’s a dialogue, a discussion, a conversation. Talk to the employee about how can we accommodate your medical issue.

Jon Hyman: [00:24:34] And then, the accommodations can really run the gamut as long as it’s reasonable and doesn’t impose an undue hardship on the employer. So, it could be a work from home arrangement on a temporary basis. It could be, we will put you in a different work area where you’re not near people, where you’re more isolated from people or where you might not be exposed to the virus from other people. It might be, we’re going to get you a different – instead of a mask, we’re going to get you a respirator or some other kind of gear to wear that’s going to better protect you from an airborne virus.

Jon Hyman: [00:25:09] It may be that the only accommodation you can offer someone is a temporary unpaid leave of absence. And so, you know, there’s no way to restructure your job. We have nowhere else to put you. This isn’t something that can be done remotely. So, the best we can do for you is say go sit on the sidelines for 30 day increments and we’ll revisit this in 30 days. And we’ll see if, at that point, we’re in a situation where you feel comfortable coming back. And in that case, it’s not an indefinite leave. It’s kind of short term temporary. And it may ultimately result in that employee no longer being employed because this thing is just stretching out. Now, it’s stretched out for a year. If somebody went on a temporary leave of absence a year ago because they were at high risk for COVID complications, if they contracted the virus, the employer’s responsibility to accommodate that employee would have expired months ago.

Mike Blake: [00:26:04] So, gentlemen, let me turn back to the medical side. Somebody has an employee that is at particular risk, whatever reason, maybe they’re diabetic, maybe they have one of the other comorbidities. From a medical standpoint, what would be your advice? And let’s assume that working from home is not an option. And I imagine the easiest thing to do is just send people home. We get that. But if sending somebody home to work is not a viable option, in your mind, what are some reasonable and effective steps that emplacing an office environment might be able to take to protect that employee?

Jim Morrow: [00:26:48] That’s really tough because I don’t know that there is a really good way to protect them. Going back to something I said earlier, I think if people could protect them, they would have been working all along. So, if you were going to do anything, I think isolating them, Jon mentioned putting them in a different part of the office or something like that where they’re not around everybody else, if that’s feasible, that can be good. They still got to get in and out of the building without spending much time conversing so that could be a problem.

Jim Morrow: [00:27:18] But, again, in a in a masked world, if everybody is wearing a mask in that situation, it shouldn’t be too bad. But I think isolation, basically, or separation is probably the only way to go about doing that. I can’t think of how else you’d pull that off.

Mike Blake: [00:27:38] Let me ask another question about the vaccines, because the vaccines are great. They’re, in many ways, a miracle of modern medicine. We weren’t supposed to be able to make vaccines like this in a short period of time. Literally, I think that it rivals the moonshot in terms of a technological advance. It’s that big a leap forward in that short period of time. But the numbers I’m seeing is that, the vaccine promises something on the order of 90 percent immunity. And, to me, 90 percent immunity is great. But that’s not a get out of jail free card. That’s not the same thing as a vaccine for measles or polio, which have a much higher immunity, right? And I’m curious, (A) do you see the same data that I do? And (B) do you agree that that requires an additional level of caution that 90 percent is great, but that doesn’t mean you just get a jail free card and go back to normal?

Jim Morrow: [00:28:50] No, it doesn’t. And people don’t think about that a lot of times. The Pfizer and Moderna report 94 or 95 five percent. But that’s still five or six percent chance of getting it. And if you’re in that group of people who could have a really terrible outcome, although anyone can, that you might expect a bad outcome, then that’s a pretty decent risk. And with the J&J vaccine that was just approved, they really show closer to 60 percent preventing infection, but above 90 for preventing severe illness and hospitalization, that kind of thing, which is very important, obviously. But it’s important to remember that this is not 100 percent. And that’s why we still have to distance. We still have to mask. We still have to be smart, use hand sanitizer, and do the things that we don’t like doing that we’ve gotten kind of accustomed to doing. And that’s going to, hopefully, take care of the other five percent of that. But it’s very true that these people are still going to be at risk to some degree. And so, they’re going to have to be careful.

Mike Blake: [00:29:51] I think about that from a personal standpoint. I’m a big baseball fan. I used to go to a lot of Gwinnett Stripers games. And you know, if you’re only 90 percent immune, if you’re surrounded by thousands of people, statistically speaking, that virus is still there, right?

Dr. Jim Morrow : [00:30:09] That’s exactly right.

Mike Blake: [00:30:09] And then, you’re banking on your nine shots out of ten or 19 shots out of 20 that you’re not going to get it. And to me, as much as I love baseball, the numbers don’t add up. If I did 20 games a year, my expected infection rate is one time a year just going to 20 games.

Jon Hyman: [00:30:34] And the numbers add up even worse when we consider that there’s a large percentage of the population that say they’re not going to get the vaccine anyway, what’s available to them. So, when we start adding vaccine hesitancy into the equation, that 95 percent number might be 95 percent for you, but it’s not going to be 95 percent among the population, because 100 percent is not going to get the vaccine. And so, if we’re looking at north of 75 or 80 percent to reach herd immunity, but 40 percent say they’re not going to get the vaccine, there’s going to be a huge gap that may prevent us from ever reaching herd immunity, particularly as these variants ramp up and the virus might becoming more virulent and more contagious. It’s a legitimate concern as we try and navigate our way out of this thing.

Jim Morrow: [00:31:19] Well, more virulent – I mean, more contagious but no sign yet that it’s more virulent.

Jon Hyman: [00:31:24] Correct. Correct.

Jim Morrow: [00:31:25] And that’s been a blessing. That’s been a blessing.

Mike Blake: [00:31:28] So, Jon, you jumped in to a question I want to make sure that I cover. And I think it’s going to be one of the hardest questions in the podcast. And that is, as an employer, can I make you showing proof of vaccination a condition of continued employment for the sake of my other employees or just for the sake of the continuity of my own operations?

Jon Hyman: [00:31:50] The short answer is yes. But the longer answer is, it’s yes, but you must make allowance for those people that cannot get the vaccine either because they have an underlying physical or mental impairment or disability for which the vaccine is contraindicated. They say, “I have a medical issue, so you need to provide me an accommodation for that medical issue to your mandatory vaccination policy.” Or, for an employee that holds a sincerely held religious belief observance or practice for which they can’t get a vaccine, an employer has to consider an accommodation for that as well.

Jon Hyman: [00:32:36] And, you know, in both those cases, the accommodation doesn’t have to be and probably shouldn’t be, “Come to work anyway. We’re requiring proof of vaccination to work. You know, come to work even though you can’t meet this policy.” But you have to go through the same interactive process, as we talked about earlier, talk to the employee, figure out what accommodation you can make. And the accommodation, at the end of the day, might be, “We just can’t accommodate this because we have a legitimate business interest in protecting our other employees from the vaccine. And you just can’t come back to work.” But you have to at least go through the process with the employee to figure out whether there is an accommodation you can make.

Jon Hyman: [00:33:23] But let me also add, I think, what uncomplicates the equation is, I don’t think the question is as easy as, can you require vaccine or proof of a vaccine as a condition of employment? Because I think just because you can do it – the law says you can – doesn’t necessarily mean that you should. I think if you look at the data that’s out there, as I mentioned earlier, we know about 60 percent say they will absolutely under every set of circumstances get the vaccine when they’re able to do so. There’s another 20 percent or so that say they will not get the vaccine, whether it’s because of a medical issue, or a religious belief, or because they wear tinfoil on their heads and they think the government is implanting 5G trackers in them through the vaccine, or for whatever reason.

Mike Blake: [00:34:11] Bill Gates doesn’t have enough money, right? He needs to track what I’m doing here in Chamblee, Georgia.

Jon Hyman: [00:34:16] Exactly. And then, there’s 20 percent that are kind of undecided on the fence. And, to me, I think if an employer has a mandatory policy, “Thou shalt get the vaccine when you can,” I think you are going to lose the 20 percent that are never going to get the vaccine, whether the reason is legitimate or illegitimate. You’re going to lose them as employees. You’re going to risk alienating some percentage of your employees are going to get the vaccine anyway because they’re going to view you as too intrusive, up in their medical business, invading their privacy, what have you. So, you risk alienating a percentage of employees that are going to get the shot anyway.

Jon Hyman: [00:34:54] And so, what I think employers should be doing is, rather than pissing off a whole bunch of your employees and, at the end of the day, not changing any of their behaviors, what you should be focusing on is that 20 or so percent in the middle. And arm them with education, resources, information as to the safety and efficacy of the vaccine and why it’s in theirs and everybody’s best interest for them to get the vaccine. And try and push some of them over to the, “Yeah. We’re going to get vaccinated” side of the equation.

Mike Blake: [00:35:25] Okay. Good. That segues nicely. So, Jim, you know, we all know there’s a big anti-vax movement. It existed before coronavirus, like so many things as just swamped it up. You’re a medical educator as well as a practitioner of medicine, and I’m sure you run into this directly. What have you found is the best way to educate people about vaccines so that, at least, they remain open minded to it? Or conversely, in your experience, once people walk in, they say they’re anti-vax, that conversation’s already over, and you move on?

Jim Morrow: [00:36:09] Well, I think it’s very clear cut. There are very little gray area that I’ve seen in having that conversation. If you’re talking to a patient and they’ve never done vaccines and they certainly aren’t going to do this one, that was developed in one year, which, like you said, is a world record in many, many ways. I don’t think there’s anything that I’m going to say to these people that’s going to convince them to get a vaccine. They’re not going to walk into my office totally against it and me say anything at all that’s going to make them leave and they’re thinking it’s a good idea to go get this. I can’t imagine. I’ve never turned anybody around yet, whether it was about tetanus, diphtheria, it didn’t matter. And I don’t think it’s going to be about this.

Jim Morrow: [00:36:53] And if it were going to be about a vaccine, it wouldn’t be about a vaccine that came out in 12 months. So, I don’t think that’s a problem. But I do think that education is the key to all of this. And all I can do and what I try to do is to let them understand the science as I understand it. And explain it to them as best I can. And then, they leave and don’t get the vaccine anyway.

Mike Blake: [00:37:19] So, an idea might be, maybe a turn around. If we accept the fact that there is going to be a material portion of the population that simply will not get the vaccine, end of discussion. Right? Is instead then maybe the educational path to educate those who are vaccinated, or even those who aren’t vaccinated, to just enable people to protect themselves. At least if you’re not going to get the vaccine, if you’re going to do something that runs against medical advice anyway, at least stack the cards in your favor as much as you can, even though you’re making a decision that is questionable from an evidence based perspective.

Jon Hyman: [00:38:16] Although I would bet you that the anti-vaxxers have a pretty substantial overlap with the anti-maskers, so that’s my gut anyway. I haven’t looked at any data. But my gut tells me the anti-vaxxers and the anti-maskers, if they’re a Venn diagram, it’s going to be pretty close to a circle – just one circle.

Mike Blake: [00:38:33] Well, I do think there’s a lot of overlap. There is certainly a lot of overlap. But, for example, as we just talked about, these vaccines, while miraculous, are only 90 or 95 percent effective. And when I say that, it reminds me, I used to work in Russia and I had a friend who worked for Brink’s in Russia. Brink’s is the armored car company. He told me that, you don’t realize how little of your body a bulletproof vest protects until you put one on. And you don’t realize how little a vaccine protects you until you kind of run the math and you see what 90 or 95 percent is. Now, I get a jail free card.

Mike Blake: [00:39:12] So, maybe the education process is, the people who are not going to mask, who are not going to vaccinate, have simply made a choice. Have simply made a choice that they’re just going to run that risk. And for good or ill, you can judge them if you want, but they’re going to make that choice on behalf of other people that they encounter too. Rightly or wrongly, that’s just the mechanics. We’re not going to lock up 30 million Americans. We don’t have the capacity to do it.

Mike Blake: [00:39:42] So, is then the best ROI and education to just continue to educate the people that are willing to abide by the protocols and listen to advice to say, “Hey, look. This is out there.” Just keep wearing the mask, and keep putting up barriers, and keep socially distancing, and keep being OCD about washing your hands. Is that the path to education that has a chance of being effective?

Jim Morrow: [00:40:10] I think it is. And like Jon mentioned, you’ve got that group that you need to continue to educate and try to push towards a vaccine. But the whole thing is, we’ve got this huge inoculum of coronavirus floating around us. And if we do get a ton of people – whatever percentage it is – vaccinated, then we’re going to reduce that entire inoculum. And so, the amount of virus being spewed at the Gwinnett Stripers game – and they really could have come up with a better name than that, I do think.

Mike Blake: [00:40:40] A different podcast. But I like the Gwinnett Braves as they were.

Jim Morrow: [00:40:46] I did too. But the whole inoculum of virus floating around you is less at that ball game. And that’s what this is all about, it’s about trying to be exposed to this virus. And so, if we can get people to do it, the ones we need to concentrate on, I think, are the ones that have a little bit of a chance are going to get it. And I think it’s enough of a percentage that we’re going to be able to be safe doing things, albeit potentially with masks in the future.

Mike Blake: [00:41:14] So, Jim, a question I have from a legal and business standpoint is, it occurs to me that employers might be a little bit of a no win situation. Because you can’t make people vaccinate. Frankly, I think if you’re really trying to force them, they’ll just falsify the documentation. If it really came down to that, they’d print out something on the Internet. You have no way of verifying it. They’ll say, “Yeah. I’m vaccinated. I’m good.”

Mike Blake: [00:41:42] So, employers have a duty to protect the minority. They have a duty to protect all their employees to some extent. But make special accommodations and also protect, for lack of a better term, human rights. I mean, where’s the part of that Venn diagram where they’re safe? I mean, if I’m an employer, I’m kind of thinking, “You know what? Shut the whole damn thing. Then, everybody can work from home or Starbucks or do whatever we do. And then, we’ll get together for an outdoor picnic once a year if we need to.” I mean, as an employer, where do you find that safe harbor?

Jon Hyman: [00:42:18] I can’t disagree with you. I mean, what I preach to at least my clients that listen to me over the last year is, being as flexible as possible, meeting employees where they are, and just doing the best you can with, you know, being as flexible as you can. And in that case, you might be right. It might be shut the whole thing down if you can shut it down and having people work remote. And then, whenever the CDC says pandemic over, we can talk about how we kind of put the remote genie back into the bottle, if that’s what businesses want to do. Otherwise, I think in large part, it’s never going to go fully back in.

Jon Hyman: [00:42:58] But I think you’re right, employers are in a very tough spot here in terms of, you know, no mandate from the government in terms of what to do or largely no mandates. A lot of employees who are scared to death to come in to work and businesses need to operate if you can operate without operating in person. I see very little downside of doing that, at least in the short term.

Mike Blake: [00:43:25] So, in addition, I mean, are there other kind of tools that companies can manage this? I mean, one of the things has been exposed in the insurance industry – I know you do some work there – is, does a pandemic lead to a legitimate business interruption claim, for example? Is that risk potentially insurable? Does it go through workmans’ comp? Does it go through something else? Get to buy a special kind of insurance? Do you self-insure the captive? Are there financial tools available to do this? Or is that still a work in progress? Or is that just crazy talk?

Jon Hyman: [00:44:06] No. It’s a work in progress. I think the insurance companies will spend, you know, hundreds of millions or billions in legal fees over the next half decade to decade sorting out the issue of to what extent COVID closures fall under business interruption policies. Because there’s a ton of those claims out there. It’s largely unknown. And it’s going to take the court years to sort it out with lawyers. Really, the only ones who get rich in that equation trying to answer that question.

Jim Morrow: [00:44:38] On the workers’ comp side, while a workplace exposure of someone got sick from COVID and they could prove that they got it at work, that would be a coverable claim under workers’ compensation insurance for the employee. But I question, how do you prove that something happened at work? Well, if you look at how widespread this virus is in the community, we’re only at work so many hours a day. They should presumably have protective measures in place in the workplace. And so, you know, if somebody gets sick, how do you establish that that exposure happened at work? Such you can establish the causal connection for purposes of establishing one’s eligibility to collect workers’ compensation.

Jim Morrow: [00:45:19] And so, you know, maybe if there’s 20 people in a conference room and all 20 of them come down with COVID in the span of a couple of days or a week, maybe that’s easier from a causation standpoint. Maybe not. But just the employee who gets sick and then says, “Well, I was at work last week and so-and-so had COVID a week ago. And, now, I have COVID and so I got it at the workplace. But I was also at the grocery store, in Starbucks, at my kid’s little league game. And then, I went to Target three times last week too.” You know, how do you prove where that exposure came from to establish the causation necessary to collect workers’ compensation? So, there’s really no easy answers here, unfortunately.

Mike Blake: [00:46:03] So, I mean, that leads into another question. We’re talking with Jim Morrow and Jon Hyman. And the topic is, Should I have my employees return to the office? Jim, is contact tracing something that, in an ideal world, would be advisable for companies to encourage and implement? Let’s just take Amazon, for example, they certainly have the capacity to build a contact tracing app if they chose to. You know, should companies have a contact tracing app that might help them identify exactly what Jon is discussing? Where is the vector of an infection into an office to establish did it come from the office or someplace else?

Jim Morrow: [00:46:49] I think contact tracing is one of the most important parts of trying to control this entire thing. I’m glad I don’t have to answer the legal question of how do you do that without infringing on people’s rights, and I’ll leave that to Jon. But if you look at the way that we can control the spread is testing and contact tracing. And if we’re doing that right – if we have done that right nine months ago – then we’d have had a lot lower cases and fewer deaths and so forth. I think contact tracing is critical, whether it’s in the work environment or school environment or wherever it might be. I think it’s one of the most important part.

Jim Morrow: [00:47:28] So, we need to be able to do that. People need to allow that to happen. Because this pandemic is really a training ground for the next pandemic. Because it might not be in my lifetime – I’d like to think I’d still be here for the next one. But I don’t want to be here for the next one. If you know what I mean? Kind of a double edged sword there. But I think contact tracing is everything when it comes to trying to control this.

Mike Blake: [00:47:57] So, Jon, again, the hard question to you, if I’m asking my employees to return to the office, but I say, “You can only do it if you agree to put in this contact tracing app,” that at least it’s going to track you while you’re in the office – or maybe not, I’m not sure – is that something a company can impose?

Jon Hyman: [00:48:16] They can and a lot have. As long as it’s done with disclosure and consent. There’s really no privacy concerns. The employee can always choose not to have the app installed and then not return to the office. And if it’s 100 percent in-person work environment, that might mean they’re looking for work elsewhere. But in a country that has at will employment, that’s just the name of the game. So, perfectly within an employer’s right to require it. An employee’s right to agree to accept it or not accept it. And then, live with the consequences that flow from that decision.

Mike Blake: [00:48:52] And we are running out of time and we could easily have made this a two parter or even a three parter. So, obviously, it’s a multilayered question but, you know, the answers are difficult and evolving. If people would like to contact you, maybe those questions that we didn’t cover or follow up, can they do that? And what’s the best way to do that? Jon, let me let you go first.

Jon Hyman: [00:49:14] The best way to find me is through my blog, which really kind of collects all my contact info. I’m not really hard to find. You could just Google Jon Hyman, Employment Lawyer, and you’ll find me everywhere, on Twitter, and LinkedIn, and my law firm, and everywhere else. But if people want information or how to contact me, they can just go to ohioemployerlawblog.com and all the information is collated there.

Mike Blake: [00:49:40] Jim?

Dr. Jim Morrow [00:49:41] You can get me, probably, email is the better way to do it. That’s drjim@toyourhealth.md. Or on Twitter, @ToYourHealthMD.

Mike Blake: [00:49:52] That’s going to wrap it up for today’s program. I’d like to thank Jon Hyman and Jim Morrow so much for joining us and sharing their expertise with us. We’ll be exploring a new topic each week, so please tune in so that when you’re faced with your next business decision, you have clear vision when making it. If you enjoy these podcasts, please consider leaving a review of your favorite podcast aggregator. It helps people find us that we can help them. Once again, this is Mike Blake. Our sponsor is Brady Ware & Company. And this has been the Decision Vision podcast.

 

Tagged With: COVID-19, Dr. Jim Morrow, employment law, Jonathan Hyman, Morrow Family Medicine, Village Medical, Wickens Herzer Panza, workplace law

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