SUPERCHARGING THE REBOUND 4 .0 EVENTS IN THE AGE OF COVID-19: LET'S TALK LEGAL ISSUES! WITH BRAD STEELE, J. D. You will hear silence until the webinar begins at 10:00am PDT / 12:00pm CDT / 1:00pm EDT
YOUR HOST. . . LYNNE LAFOND DELUCA EXECUTIVE DIRECTOR, ACCP WWW.THEACCP.COM
GUEST SPEAKER BRAD STEELE, J.D. Founder Private Club Consultants PCC
SUPERCHARGING THE REBOUND 4.0 EVENTS IN THE AGE OF COVID-19: LET'S TALK LEGAL ISSUES! Opening for events without exposing my club to potential liability Federal requirements from OSHA and the CDC that can help ensure a smooth return to business Liability waivers, contracts and cancellations Creating a secure environment for your members, guests and staff Your questions!
QUESTIONS? Type them in to the “Question” box now or at any point during the presentation
ABOUT PCC … PCC was created to provide in-depth legal and operational answers for the club industry Our mission is simple: To help you implement new legislative and regulatory requirements with minimal impact to your club’s bottom line To help you minimize legal liability and keep your club’s private and tax-exempt status intact – without sacrificing your strategic goals A “Trusted Source For Answers”
BEFORE YOU OPEN YOUR CLUB There are federal and state requirements we must follow State and local health department reopening guidelines Ensure your county allows you to reopen and follow stated recommendations Occupational Safety and Health Administration General Duty Clause – 29 USC 654(a) An employer shall furnish each worker employment and a workplace free from recognized hazards that are causing or are likely to cause death or serious physical harm State OSHA requirements Ensure you meet those mandates, too There are reasonableness standards we must follow Comply with CDC and CA guidelines to help avoid negligence What would a reasonably prudent person do under similar circumstances
OCCUPATIONAL SAFETY & HEALTH ADMINISTRATION
OSHA GUIDELINES – 4 STEPS TO FOLLOW 1.) Develop a COVID-19 Preparedness and Response Plan Task a senior staffer to head this and be responsible for employee issues relating to COVID- 19 Determine the level of risk for workers at each workplace Most will be low to medium risk based on contact with others Review individual workers’ risk factors – older, pregnant, with chronic medical issues? Work with these employees to minimize their potential exposure Provide health screening of employees before shifts Take temperature of employees before shift – treat as confidential Maintain social distancing (6’) for workers and members Place appropriate signage throughout club Establish staggered shifts and continue delivery of some services remotely to reduce staff presence Cross-train workers in the event of additional outbreaks after reopening Continue to monitor federal, state and local health department for updated guidance
OSHA GUIDELINES – 4 STEPS TO FOLLOW 2.) Implement Basic Infection Prevention Measures Promote and require frequent hand washing (20 – second rule) with workers and members Utilize posters – cdc.gov/handwashing/posters.html – and signage Provide hand sanitizing stations throughout the club Provide and require use of face masks and gloves to minimize spread Emphasize covering coughs/sneezes with tissues or elbow, and make tissues available Prohibit the sharing of workspaces, equipment, tools, etc. – one worker, one tool policy Maintain routine cleaning for all surfaces & determine which are frequently touched surfaces (FTS) “Routine” is at least daily but could be more for FTS (frequently touched surfaces) Provide employees and members with disinfecting wipes for their use Clean with standard cleaners then use EPA – approved disinfectants on FTS epa.gov/pesticide-registration/list-n-disinfectants-use-against-sars-cov-2
OSHA GUIDELINES – 4 STEPS TO FOLLOW 3.) Develop Polices and Procedures to Keep the Club Healthy Educate workers on COVID- 19’s symptoms Cough, shortness of breath or difficulty breathing or At least two of these: fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or loss of taste or smell Encourage them to self-monitor and to leave if they show symptoms Clean and disinfect workplace of those home with symptoms Emphasize that workers should stay home if sick – use new federal paid sick leave law Try to establish flexible sick leave policies for all workers to meet their concerns Keep members informed about symptoms and ask them to avoid the club if they show symptoms Work to improve the staff’s mental health re: Qs on lost pay, leave, safety & physical health Provide education/informational materials on proper hygiene, the use of PPE, social distancing, the club’s cleaning techniques and public health recommendations Informed workers feel more confident and are less likely to be sick or absent
OSHA GUIDELINES – 4 STEPS TO FOLLOW 4.) Implement workplace controls Engineering controls Utilize high-efficiency air filters, open doors, increase ventilation rates, install physical barriers around POS locations and use sneeze guards where appropriate (kitchen), etc. Administrative controls Alter leave rules, promote federal/state sick leave policies, minimize contact between workers/members, stagger shifts, and offer forums for answering workers’ questions Personal Protective Equipment (PPE) controls Gloves, face masks and face shields should be provided based on the risk to the worker They must be properly worn and regularly inspected, maintained and replaced Clubs are obligated to provide PPE needed to keep workers safe while working
WHERE ARE THE EVENT GUIDELINES? Do we use “Restaurant and Dining” Regulations? Do the same guidelines apply to member events AND private events?
DINING & EVENT OPERATIONS Front of the House Screen workers before shift – members, too – (infrared thermometer or others) Post signs – CDC’s and “No one with symptoms may enter” / “Don’t touch your face” PPE for all staff at all times – members, too but they may remove them to eat/drink Add social distancing floor markings for members & employees in areas they wait/walk Party size is limited to household unit or those who ask to sit together (depending on state) – no bar seating Cannot seat a party until all are present Tables must be separated by 6’ – plexiglass dividers are ok Expanded outdoor seating is ok, but 6’ rule (alcohol ok there, too if law allows) What about parties of <250 (in CA) if social distancing can be accomplished? Ballroom?? Provide hand sanitizing stations at entrance and encourage members to use them Set table when members arrive & condiments, salt/pepper, etc. provided by staff & then disinfect Disinfect menus, check presenters & tables when members leave
DINING & EVENT OPERATIONS Back of the House If you were closed, thoroughly clean and disinfect before reopening Provide refresher course on food-handling to all employees & follow FDA Food Code requirements Dishwashers should have masks & protective glasses or face shields & MUST have impermeable aprons which they change frequently Social distancing should be in place for all back-of-house staff When 6’ isn’t possible, continue PPE and increase cleaning and disinfecting Remind suppliers that they must be screened, use PPE and follow social distancing requirements Restrooms Disinfect facilities frequently Post signs for ALL to wash hands and add sanitizing stations Remind all to turn off faucet and open door with towel – use disinfecting wipes Plan pathway to and from to maintain social distancing for members and staff
LIABILITY WAIVERS, CONTRACTS AND CANCELLATIONS Revising your contracts for future events Rescheduled events need new contracts Modify or add three clauses into your existing contract templates: (1) Force Majeure Clause, (2) Safe Working Environment Clause, and (3) Failure of Company to Perform Services Clause. Liability Waivers For members AND guests Cancellation Policies
WHAT WE ARE TRYING TO AVOID
OSHA VIOLATIONS Penalties Willful/repeat violations may be fined $5K – $70K/violation Serious violations shall be fined up to $7K/violation “Serious violation” – a substantial probability that death or serious physical harm could result from the violation unless the employer did not, and could not with the exercise of reasonable diligence, know of the presence of the violation Non- “serious violations” may be fined up to $7K/violation Failure to correct a violation may be fined up to $7K/day it is not resolved Any OSHA violation can lead to broader negligence liability
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