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Strange Days. How Being Labeled Indispensable Could Kill The Staff.
By Jorge Alexandria - April 8, 2020

Strange days.

As I write this, the U.S. has reported more than 11,000 deaths from COVID-19, with a potentially terrifying surge in fatalities still to come. Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, projects the total at 100,000 and 240,000, if we are lucky.

Dr. Fauci, is the welcome face of reason in stark contrast to President Trump’s bullish optimism. Trump, who continues to downplay the risk of coronavirus, has turned aside calls for a national stay at home order and has refused to even ask irresponsible governors to order social distancing in their states, even though his own medical team has said it is the only hope there is of containing the virus. Trump’s wishful thinking has led many Americans to believe we can get back to business as usual the Monday after Easter (April 13). One should see Dr. Fauci contradict President Trump, time after time, while standing right beside him during press briefings. It is actually quite funny- I encourage you to You Tube it if you can.

Luckily in the Golden State, Gov. Gavin Newsom has performed well in the handling of this crisis. Two and a half weeks ago, he ordered all 40 million Californians to stay home and shelter in place until further notice. This could be months or even longer away. This order requires nonessential businesses, including workers’ compensation carriers and third party administrators, to cease in-person operations and close their physical premises and to enable as many of their employees, as possible, to telecommute and to rely on technology to conduct work meetings.

What stays open:

  • Pharmacies
  • Food: Grocery stores, farmers markets, food banks, convenience stores, takeout and delivery restaurants
  • Banks
  • Gas stations
  • Laundromats/laundry services
  • Essential state and local government functions including law enforcement and offices that provide government programs and services

What is closed:

  • All other nonessential businesses

People can still work from home and several large insurance carriers in California have given their staff the privilege and security of working from home. In addition, they have provided their staff with all the tools and equipment they need to remain productive. More importantly, they help to contain COVID-19 by preventing worker-to-worker transmission.

However, not every insurance carrier or third party administrator in the state is in compliance with Gov. Newsom’s directive. Since the order is broad, there are gray areas that allow some to claim they have a significant exemption to continue to keep their doors open.

Case in point, a small third party administrator in the County of San Bernardino, whose whole existence rests in providing workers’ compensation services to sworn personnel (police and fire) to various government municipalities, sees itself as indispensable by virtue that they are providing services to injured police officers and firefighters.  In doing so they have denied their staff the option to stay home, even when those duties-- adjusting claims-- might be done from outside the work place.  In forcing them to choose between the fear of getting sick and the fear of being fired, these adjusters are in conflict.  In contrast, their CEO and high executives find it easy to work from home.

Such entities that deem themselves so indispensable that they have to have their doors open, not only are endangering themselves, but their employees, their employees’ families, and everyone involved who's put in a position of mandatory face-to-face interactions. The best way to avoid tougher restrictions is to behave responsibly. Maybe, if the respective county health agency were to discover them, they could force them into compliance by shutting off their water and electricity.

More than ever there needs to be a group out there providing a voice for the adjusting staff and representing their interest. An advocacy group, perhaps a union. Maybe this is the moment that helps galvanize that type of effort.

Do employees have the right to work from home?

While there is no explicit federal or California law that gives employees the right to work remotely, if a worker is immunocompromised it is possible the worker might be able to seek telecommuting accommodations per state and federal disability law. A physician note is required if pursuing this option.

What is the best way to ask to work from home?

Emphasize that working from home is not self-indulgence, but rather a public health measure. It’s not just about the employee afraid of getting sick; it’s the employee who’s afraid of being a vector for the illness and bringing an infection home to his-her family or from the outside in to co-workers.  

Stay Home. Save lives and keep the rest of us safe.  No man, once infected, is an island.

I long for a return to normalcy.

Strange days indeed!

Jorge Alexandría is a former U.S. Government official (Labor Dept.) and an Army veteran who received his B.A. in Political Science from Cal State Los Angeles. He also graduated from Cal Poly Pomona with a Master’s Degree in Public Administration.  He has more than 20 years of experience in claims handling, supervision, and risk management. He can be reached at Riskletter@mail.com. Any views and knowledge expressed in this article belong to Jorge Alexandria alone and do not represent any other organization or person.

 

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