Winter 2021 - 118

LEGAL CORNER
SAFE WORK ENVIRONMENTS
IN A PANDEMIC WORLD
BY ANGIE AVARD TURNER, J.D., LL.M.
Contributing Writer
F
or the foreseeable future we have a new norm
in the industry - it is called living safely in a
pandemic world. There are specific guidelines
that Occupational Safety and Health Administration
(OSHA) issued to help retailers navigate these
challenging times. Since the pandemic, OSHA may
be looking at completely different violations than the
hazardous working conditions it normally handles.
Here are several important guidelines OSHA has issued
to the retail industry.
1. Encourage workers to stay at home if they are
sick. During peak seasons and when so many retailers
are running on a shoe-string budget, there may be a
temptation to allow employees to work despite feeling
under the weather. However, the most prudent and risk
reducing thing to do is to allow the employee to stay home.
2. Provide a washing station or alcohol rubs containing
at least 60% alcohol. Merely stating that employees should
wash hands or having the alcohol rubs available may not
be proactive enough. It may be that, as the business owner,
you require employees to wash their hands following " x "
number of transactions, or after every transaction.
3. Maintain regular rules regarding cleaning and
disinfecting the work area. Again, how and when areas
are disinfected will vary from retail space to retail space.
Consider keeping things " wiped down " and disinfected
continuously and consistently to avoid contamination.
4. Practice social distancing. One of the first visible signs
that a retail location has implemented safety precautions
is social distancing and spacing markers. This, too, is a
simple yet effective way to guide customers and employees
on how to conduct themselves in your business.
5. Where it is practicable, use plexiglass dividers.
Many retailers have constructed plexiglass windows that
come between them and the customer but allow them
to continue to interact with the customer clearly and
face to face. This gives the feeling of having a " normal "
interaction while protecting all parties.
6. Use drive through windows and curbside pick-up.
This form of service allows the customer to interact in the
way that is most comfortable to them while protecting the
business owner and employees.
118 WINTER 2021 GIFT SHOP® PLUS
7. Provide employees and customers with tissues, trash
receptacles, and face masks. Upon entering your retail
space, customers should be provided a mask, if they do
not have their own. Providing masks at the front entrance,
sends a clear message to both employees and customers
that you take their health very seriously.
8. Train employees in proper hygiene practices. Having
regularly scheduled times to reiterate to employees proper
hygiene and cleanliness practices serves to emphasize how
important this time is and how critical it is to take care of
themselves.
9. Strongly encourage and insist employees wear masks
over their noses and mouth to prevent the spread of the
virus. One of the biggest downfalls in retail spaces is the
lack of mask wearing or the improper wearing of masks.
Wearing the mask around one's neck or around one's chin
does not protect anyone. So, insist that if masks are being
worn, they should be worn properly.
10. Ask employees to report any safety and health
concerns promptly. We are in stressful times and tensions
can run high; nerves may be fragile. If a situation arises that
may be of concern, make sure that it is documented. The
business owner should document in detail what happened,
when and what was done to rectify the situation so far as it
was their responsibility to do so.
CONCLUSION
Times are very tenuous now. It is a time to be cautious,
but courageous. It is a time to be sensible, yet sensitive.
There has never been a better time to minimize your risk
as a retailer. By doing so you are protecting your business,
but you are also showing your customers you care about
their wellbeing, too.
Learn more about our Gift Shop® Plus contributors on page 10.
DISCLAIMER: The materials available in this article are
for informational purposes only and not for the purpose of
providing legal advice. You should contact your attorney
to obtain advice with respect to any particular issue or
problem. Use of and access to this website do not create an
attorney-client relationship between Angie Avard Turner
Law and the user or browser.
Winter 2021

Table of Contents for the Digital Edition of Winter 2021
