State includes COVID-19 under the law

On Sept. 6, Gov. Kathy Hochul directed the New York State Commissioner of Health to designate COVID-19 as a highly contagious communicable disease that presents a serious risk of harm to the public health. The designation is official and available on the NYS Department of Health (NYSDOH) website (https://health.ny.gov/press/releases/2021/docs/2021-09-06_commissioner_designation.pdf). 

By way of brief review and background, the NY HERO Act, specifically Section 218-b of the New York Labor Law, required all private employers in New York to adopt an “airborne infectious disease exposure prevention plan” by Aug. 5, 2021. In accordance with this new law, the NYS Department of Labor issued the Airborne Infectious Disease Exposure Prevention Standard (Standard). The Standard sets forth the minimum requirements for what must be included in the Airborne Infectious Disease Exposure Prevention Plan, clarifies who is subject to the Standard, delineates employee rights under the law, identifies certain minimum-exposure controls, and includes other obligations when the plans are required to be implemented. The Standard is clear that implementation of the plans is only required when the NYS Commissioner of Health designates an airborne infectious disease/agent as highly contagious communicable disease that presents a serious risk of harm to the public health. 

Now that such a designation has been made, employers are required to implement or “activate” their plans. The Standard also outlines specific details regarding implementation of the airborne-infectious-disease exposure prevention plans when there is a designated outbreak. This includes immediately reviewing their current plan, updating the plan to incorporate current information, guidance and any mandatory requirements as necessary or appropriate, and finalizing and promptly activating the plan. It also includes a “verbal review” requirement, distribution of the plan, posting a copy of the plan, and ensuring that a copy of the plan is accessible to employees during all work shifts. 

Importantly, it will be imperative for employers to stay educated on the latest guidance, regulations, orders, rules, and recommendations from government entities including the Centers for Disease Control and Prevention (CDC), NYSDOH, and other federal, state, or local-government entities as it pertains to the ongoing fight against COVID-19. With the surge of the Delta variant and the fall season upon us, we anticipate guidance and changes in recommendations will likely be forthcoming. 

Employers should carefully review the Standard and their adopted plans to ensure that they are fully prepared and compliant with both.        

Stephanie H. Fedorka is an associate attorney with Bond, Schoeneck & King, PLLC in Syracuse. She focuses her practice in labor and employment-law matters, serving clients in both the public and private sector. This article is drawn and edited from a Sept. 7 entry on the firm’s New York Labor and Employment Law Report blog. Contact Fedorka at sfedorka@bsk.com

Emerging from the trials and tribulations from the pandemic, many business owners learned valuable lessons to keep their companies running smoothly. Those ranged from updating health and safety protocols to staying agile in business operations. 

However, one of the most crucial lessons to continue throughout the future is the importance of keeping policies and procedures up to date. While policies provide a connection between an organization’s mission and its day-to-day operations, procedures outline the steps employees must take to complete a task. Together, policies and procedures help a company operate as efficiently as possible. 

Importance of policies and procedures 

Developing formal, written policies and procedures provide a framework for employees and ensures accountability within an organization. Outside of keeping a business organized and efficient, these help protect an organization in case of a legal issue.

Written guidelines communicate the values of an organization and what is expected of all employees. Well-documented procedures enable for a smoother transition in the event of turnover — a growing trend due to the pandemic. They can also act as a powerful training tool — providing a how-to guide for new employees and reducing the time and effort needed to onboard new employees.

How to create policies and procedures

Policies and procedures cannot be spoken or shared via word of mouth, as they need to be living documents that are constantly reviewed and updated on a regular basis. These should be updated annually, at a minimum, or when there are organizational changes, updates in laws or regulations, and instances where there have been violations or incidents. 

It’s important to note that adhering to and enforcing these documents is crucial. In fact, it’s worse to have a policy and not follow it than not to have a policy at all. When you don’t enforce these items, you put your organization at risk.

The remote-work environment that stemmed from the pandemic is a prime example of the importance of having updated policies in place. During these times, many organizations had to pivot and change normal behaviors and processes. New guidelines and plans created because of the pandemic may be temporary as many organizations intend to revert to the previous items that were in place prior to the pandemic.

The time and investment that goes into updating policies and procedures is tremendous. Therefore, it is wise for organizations to consider creating separate emergency protocols, rather than spending valuable time amending current documents. 

As businesses look for ways to rebound post-pandemic, or simply are seeking to better structure for their organization, here are the top-five considerations for organizations to keep in mind when developing or updating their policies and procedures. 

1. Synchronize within the business 

To create strong, successful policies and procedures, it’s best to ensure the policies are in sync with your organization’s objectives to help you achieve your mission.

2. Be clear and concise 

Ensure policies and procedures are clear and concise. They need to be easily digestible and understood by all employees. 

3. Standardize format

Employees within the organization are going to be regularly referring to the policies and procedures so ensuring they are written in a standardized format is beneficial. This allows employees to easily find what they are seeking.

4. Engage employees 

Tap into the knowledge and expertise of employees within the organization. Their contributions to developing policies and procedures can offer a new perspective as they are most familiar with specific areas and subjects. Take human-resources leaders, for example: HR policies should be written by those in human resources with input from other employees. Overall, including employees can both empower them and increase accountability.

5. Get the right approvals 

Policies should be reviewed and approved by an organization’s board of directors and other key decision makers. Procedures should be reviewed by those performing the day-to-day operations, which will allow for the identification of any missing steps or unclear steps.

Now is the right time

While the process of updating policies and procedures can seem like a monumental task, breaking it up and tackling one area at a time will make it achievable. Prioritize those that need to be updated. First, concentrate on those areas that have undergone significant changes or have laws or regulation changes. Don’t overlook new policies that your organization may need. Regularly reviewing your organization’s documented plans is essential. Now is the right time to pull them off the shelf and dust them off.      

Bettina Lipphardt, CPA, CIA, is a partner and team leader in The Bonadio Group’s health care and tax-exempt division. Contact her at blipphardt@bonadio.com