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Using Ergonomics to Ease Employees’ Return to the Office

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Strategies for returning employees to offices continue to evolve due to the emergence of new COVID-19 variants and changes in government regulations. While some workers may feel excitement and a renewed sense of focus, there is also notable hesitancy to be physically working side-by-side and accepting changes in the physical workspaces to which employees are returning. Many employees may be coming back to the office from less-than-ideal workstation setups at home, which could have been a source of pain and discomfort. On the other hand, new workstations or office layout changes can also create physical problems if these spaces are modified solely for COVID-related safety without considering healthy ergonomic conditions as well.

Employers may benefit from being proactive and planning for flexibility in the work space design to accommodate sudden changes. When designing and managing the new work environment and planning for flexibility to change layout and design as the pandemic continues to evolve, a concerted effort on ergonomics can help ease employees’ reintegration back into the office. This can help maintain a high level of work productivity and may even help with employee retention by creating positive workplace experiences and demonstrating care for workers.

Managing the new work environment

In recent months, the layout of many office spaces has likely changed to increase safety measures. Some companies are now moving to an open work model—commonly known as space sharing—where employees no longer have an assigned desk that can be customized to their needs. Other companies may be opting for layouts with greater separation between work desks, which can result in new ergonomic challenges such as reduction in the size of work area, increased reaching and awkward postures.

Feedback is important. Employers need to listen to how employees are feeling, what concerns they have, and what they physically need in the office to be set up for success. Ongoing, frequent communication is necessary to maintain trust and help employees feel at ease with changes in their work conditions. To proactively address any concerns, business leaders can utilize tools such as employee surveys and returning-to-office packages. Surveys are vital to gauge a sense of employee readiness and hesitations while also showing employees that their managers are listening to their concerns. Capturing employee feedback also helps employers prepare for potential setbacks.

Ergonomics training programs and self-help checklists can be successful tools to ease the return to office and help employees experience less physical discomfort as well as improve employee productivity, profitability and, ultimately, even job satisfaction. Ergonomics training should be customized to address the concerns employees may face upon return to the office environment. The training and checklists should provide guidance on solutions and adjustments that employees can implement in their workspaces to achieve maximum comfort and avoid the risk of injury.

Retaining employees

In November 2021, a record 4.5 million workers quit their jobs, and the Great Resignation has showed little signs of stopping in 2022, with January resignations falling just shy of that record at 4.3 million. It is clear that stress related to the COVID-19 pandemic has been one of the key factors contributing to the labor shortage. Business leaders have found that a portion of the workforce may not feel safe or find it necessary to return to the office. There are many facets of such sentiments that employers must consider, and while ergonomics are not necessarily the driving concern for workers, employers can help move the needle by improving conditions for employees in as many ways as possible. Ergonomics initiatives and investing in the office environment offer ways to help improve employee morale and reduce discomfort and physical stressors that lead to injuries.

Implementing wellness routines can also help keep employees physically and mentally healthy. Business leaders should encourage workers to maintain healthy lifestyles, take regular breaks, and take days off to spend time with friends and family. Lastly, early intervention is key when addressing problems in the workplace. Leaders must provide clear resources for employees who have concerns. If employees have no direction on what to do when they have concerns, they are more likely to become dissatisfied and leave the workplace.  

The COVID-19 pandemic has forced businesses to alter operations, and as the landscape continues to change, employee retention and workplace concerns could become even more at risk. When bringing employees back to the office, companies may experience more success if they implement and sustain their ergonomics programs, maintain ongoing communication, and create a workplace where employees’ well-being is clearly valued.

New York City’s New Biometric Information Law Governs Collection and Use of Consumer Health Data

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For risk professionals, the COVID-19 pandemic has increased the importance of ensuring customer and employee safety measures are incorporated into operations, processes and future strategies. As many businesses reopen from pandemic shutdowns or return from remote work arrangements, some enterprises are now exploring both the effectiveness and the risks associated with conducting health screenings that collect biometric information and other personal health data.

This month, New York City released the Biometric Information Law, a new measure that goes into effect on July 9 and imposes disclosure requirements on businesses that collect consumer biometric information.

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It also sets parameters on what they can do with that information, most importantly, prohibiting the exchange of biometric information for anything of value.

As detailed in recent client notice from the law firm Reed Smith, highlights from the law include:

  • The measure requires a business that “collects, retains, converts, stores or shares biometric identifier information of customers” to place a “clear and conspicuous sign” near all consumer entrances that, in plain language, discloses the collection, retention or sharing of biometric information.
  • It stipulates that it is unlawful to “sell, lease, trade, share in exchange for anything of value or otherwise profit from the transaction of biometric identifier information.”
  • It establishes “an ‘aggrieved’ consumer’s private right of action,” meaning that “[a]ny person who is aggrieved by a violation by this chapter is entitled to commence an action to enforce its protections.”

There are key exclusions, however, as “governmental agencies, employers, or agents” are expressly excluded from compliance with any provision.

New York is not the only state to enact a law attempting to govern how organizations can use biometric information. Arkansas, California, Illinois, Texas and Washington have also set guidelines for businesses.

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Indeed, the recent Risk Management Magazine article “Preparing for Biometric Litigation from COVID-19” addresses the imminent and critical questions businesses must answer when collecting and handling such data.

Sensitivities surrounding the confidentiality of biometric and other health information are not new in certain industries, such as healthcare. Further, even before COVID-19, risk professionals were already grappling with the risks associated with new biometric technologies and the data collected, especially with regard to facial recognition, wearables and even the rise in popularity of telehealth.

Now, with every organization on high alert about infectious diseases and how quickly they can interrupt business, health and safety have become top priorities for every risk professional in every sector.

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As risk professionals look to new technology for help with these concerns, monitoring the emerging regulation and security risks around health and biometric technology will become increasingly critical in balancing benefit and risk to their organizations.
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Data security will continue to remain a significant threat, but New York’s Biometric Information Law should serve as a reminder that what the organization does with that data can also have a lasting impact on the enterprise’s reputation and consumer trust.

For more information to help risk professionals manage new health technology and data, check out these articles from Risk Management Magazine:

Employee Engagement is Key in COVID-19 Recovery

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Businesses and their employees have had to rapidly adjust to the shutdowns and disruptions caused by the COVID-19 pandemic, and their ability to adapt and pivot will continue to be critical as organizations start to recover from the impacts of the crisis.

To further compound these circumstances, the ability to maintain engaged, empowered, and satisfied team members has proven challenging for many. While some organizations have thrived under their modified operating conditions, others have struggled to respond to change and keep team members engaged and productive. While rates of vaccinations are bringing some hope about the pandemic’s eventual end, the tidal wave of change we have experienced is unlikely to ebb any time soon.

When creating your COVID-19 recovery plans, the value of engaged and satisfied team members in this fast-moving environment must not be understated.

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Engaged employees will support your organization to achieve its mission, execute its strategy and generate results, particularly as times remain uncertain.

As leaders, we must ask: how can we leverage the rapid change we have experienced over the past year, continue to drive growth and sustain employee satisfaction and engagement? Here’s how:

1. Accept remote or hybrid work environments as the “new normal”

The days of office cubicles and open floor plans for all employees are gone. We now operate in a world where some of our team members will continue to work where it is the safest, most suitable, and most empowering for them.

Many organizations across industries have already embraced the fact that working remotely, in some form or fashion, is here to stay. This shift has had many benefits—such as being able to recruit talent outside of your typical geographic area and eliminating lengthy commutes from home to office. However, the shift has not been without challenges and very real risks.

As we move into a recovery phase, leaders must remain alert to the challenges brought by an environment with minimal face-to-face interaction, the potential for feelings of social isolation, the need for different ways to access information or support, and the natural distractions of being at home.

For leaders, scheduling regular check-ins and establishing rules of engagement has not changed, regardless of whether you work in an office or at home. However, with a majority of our workforce currently at home, we need to get creative in the way we support and engage our teams.

2. Manage the new risks

This shift from in-office environments to hybrid or remote work environments has brought to light many physical, psychological and technological risks. Leaders must build out their risk management framework to incorporate a broader lens.

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It is now paramount to ensure team members have access to resources to work from home safely and comfortably, with the right technology support and a focus on open lines of communication.

The pandemic has also brought on feelings of isolation and fear for many. If you have yet to adjust your workplace mental and physical support offerings, do not neglect these critical needs any longer. Ensure such offerings are also set up for those workers continuing in a hybrid or fully remote setting.

3. Prioritize communication

How we communicate and engage with our teams is as important as ever. Whether it’s Zoom, Slack, Webex, Microsoft Teams or any of the other platforms we have increasingly relied on over the past year, we need to provide opportunities for both formal and informal communication to flow.

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Through informal social connections, leaders can demonstrate emotional support and consideration for their team, which ultimately leads to higher engagement.

When leaders are engaged, supportive, and available to their employees, it helps reduce feelings of isolation and reinforces your strong company culture. At the end of the day, when team members feel they work for an organization that supports their ambitions and wellbeing, it increases productivity, retention, and cost savings. This translates to bottom-line success.

COVID-19 Vaccines: Should You Mandate, Motivate or Educate Employees?

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For the past year, employers have grappled with unprecedented workplace safety and human resources challenges, forced to address safety measures that were unfamiliar for many industries. Employees have become accustomed to daily health screening and masks, and human resources has added COVID safety training and enforcement to its job duties. As vaccines are becoming more prevalent, employers have to now decide whether they should vaccinate their workforces. Making this decision can seem daunting and the applicable employment laws can seem overwhelming. However, there are some baseline considerations that may help.

As a threshold matter, employers are obligated under the OSHA General Duty Clause to provide a safe working environment to their employees. At the direction of President Joe Biden, OSHA released new comprehensive guidance regarding COVID workplace safety, including a 16-point list of essential components of a workplace safety program. OSHA recommended that employers make the vaccine available to eligible employees at no cost, and made clear that employers must continue to enforce COVID safety protocols regardless of an employee’s vaccination status “because at this time, there is not evidence that COVID-19 vaccines prevent transmission of the virus from person-to-person.”

Employers now must determine whether they will mandate, motivate, or educate employees to receive the vaccine. They will first have to determine whether the vaccine will provide a safer working environment. While it seems clear that the vaccine will minimize or eliminate the vaccinated individual’s COVID symptoms, it remains unclear whether a vaccinated worker may spread the virus to others. Therefore, a vaccinated workforce may still be a contagious one.   

Businesses that serve in-person customers may benefit from mandating the vaccine. A local restaurant or retailer may be able to advertise that its staff is vaccinated encouraging patrons to return. While a mandatory vaccine program may be complex, the benefit of returning customers may outweigh the pain of a program. Conversely, in an organization where most employees have remained remote and business has continued at normal levels, the complexity of a mandatory program may not be worth it. In the latter scenario, it may be better to implement a voluntary program, which is easier to administer and has less compliance complexity. Employers will have to weigh the return on investment for each approach.

Employers will also have to determine their appetite for risk. Many initially lean toward a mandatory vaccine approach in an effort to protect employees from becoming seriously ill. However, even mandatory programs pose liability risks for employers. Essentially, there are two schools of thought regarding mandatory vaccine programs:

  1. A vaccinated workforce is essential to safety. A vaccinated workforce will reduce community spread and bring the workforce closer to herd immunity. The fewer employees that become symptomatic or sick, the sooner we may reduce COVID-19’s spread. Likewise, it would be negligent, or a violation of the employer’s General Duty obligations, to not mandate eligible employees to receive the vaccine.
  2. The vaccine is too new to mandate. On the other hand, some believe that it would be negligent, or a violation of an employer’s General Duty to require employees to receive the vaccine, noting that the vaccine is merely under emergency authorization. Consequently, mandating that eligible employees receive the vaccine would create employer liability for any possible harm the vaccine could cause to employees.  

It is also important to note that mandatory programs will likely trigger workers compensation coverage for any medical services and/or lost time associated with employee reactions to the vaccine. Workers compensation coverage is not always a bad thing. Employers should remember that the workers compensation exclusive remedy provision protects employers from negligence and tort claims (but not gross negligence). 

Employers should also consider the practical and operational complexities associated with a vaccination program. Employers who implement a mandatory program must be prepared to enforce the rules. They may be faced with difficult decisions regarding candidates and eligible employees who refuse to receive the vaccine (without any legal protections). Can the employer continue to recruit and retain talent under a mandatory program?

Regardless of where an employer lands on the vaccine program spectrum, they must take their employee complaints and concerns seriously. Likewise, employers must not take adverse action against a complaining employee. Employee OSHA whistleblower cases have reached unprecedented numbers. As of February 5, there have been 4,738 COVID OSHA whistleblower complaints filed in the previous 12-months. Before 2020 (and COVID-19), the largest number of complaints received by OSHA in a 12-month period was 3,355 in 2016.

The good news, if there is any, is that employers that provide safe working environments, are open to employee concerns, and communicate with workers are already taking positive and proactive steps to avoiding liability and litigation. The following best practices may be helpful: 

  • Review your COVID safety program to ensure it comports with OSHA’s 16-point COVID prevention program guidance, and continue to review and update as guidance and regulations change.
  • Provide managers and employees regular safety training, and provide managers with training to enforce safety programs, hold employees accountable, and document all safety incidents and violations.
  • Stay up to date with regulations. OSHA has updated emergency temporary standards, and local and state laws continue to change rapidly.
  • Update anti-retaliation policies to include COVID safety protocols. Also consider a whistleblower hotline and ensure that managers are trained and understand how to take seriously and address employee concerns and complaints.
  • Be sure your workforce has the most current information regarding COVID-19, its symptoms and transmission, and the vaccine. Also be sure to provide all communication in multiple languages for a multilingual workforce.

Ultimately, COVID workplace safety is at the core of any employer’s operations. Whether an employer mandates, motivates or educates its employees to receive the vaccine, they must continue to evolve and enforce their COVID safety protocols.