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Resolution 1449RESOLUTION NO. 1449 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, TO APPROVE CERTAIN REVISIONS TO THE COMMUNICABLE DISEASE/ILLNESS POLICY OF THE CITY OF EDMONDS PERSONNEL POLICIES. WHEREAS, the City Council of the City of Edmonds has adopted Personnel Policies, which include a provision related to the handling of life threatening and communicable diseases in the workplace; and WHEREAS, the current life threatening/communicable diseases policy (Section 2.3 of the Personnel Policies) provides as follows: ; and 2.3 LIFE THREATENING/COMMUNICABLE DISEASES Employees with life threatening illnesses or communicable diseases are treated the same as all other employees. They are permitted to continue working as long as they are able to maintain an acceptable level of performance and medical evidence shows they are not a threat to themselves or their co-workers. The City will work to preserve the safety of all of its employees and reserves the right to reassign employees or take other job actions, including discharge, when a substantial and unusual safety risk to fellow City employees or the public exists. WHEREAS, the World Health Organization (WHO) has declared the COVID-19 outbreak a pandemic, and the State of Washington has implemented emergency measures in an attempt to limit the spread of the virus; and WHEREAS, the Human Resources Department has recommended certain revisions to the communicable disease policy to help address the issues raised by the COVID-19 pandemic for City employees and the public; and WHEREAS, the City Council, after review and discussion, has determined that it is in the best interests of the city to approve the proposed revisions to the Personnel Policies' communicable disease/illness policy; and WHEREAS, due to the emergent nature of the COVID-19 pandemic, it is the intent of the City Council that the revised policy will take effect immediately; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO RESOLVE AS FOLLOWS: 1. Recitals. The recitals set forth above are hereby incorporated by reference as if set forth fully herein. 2. AWrovalQLRevisions. The proposed revisions to the communicable disease/illness provisions of the City of Edmonds Personnel Policies, which are set forth in Appendix A, attached hereto, are hereby approved as presented. 3. Severability. If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect. 4. Effective Dale. This Resolution shall take effect immediately upon its passage. RESOLVED this 17th day of March 2020. APPROVED: MAYOR, MICHAEL NELSON ATTEST/AUTHENTICATED: 4;;2ERK.,SC ASSEY FILED WITH THE CITY CLERK: March 13, 2020 PASSED BY THE CITY COUNCIL: March 17, 2020 RESOLUTION NO. 1449 0 2.3 Communicable Disease/Illness Policy OVERVIEW It is the goal of The City of Edmonds (the City) to take steps to reduce the spread of communicable diseases/illness in the workplace and protect the wellness of our employees. The City is also committed to treating all employees, applicants, contractors, visitors, and other third parties openly and honestly. This policy represents the City's intention to inform all individuals of the risk of exposure to communicable diseases/illnesses, and sets forth the principles the City will follow to protect employees and reduce the risk of spreading communicable diseases/illnesses in the workplace. Any questions regarding the information contained in this policy should be addressed with Human Resources. II. INDIVIDUALS COVERED BY THIS POLICY This policy applies to all employees, applicants, contractors, visitors, and other third parties in connection with the City's workplace. III. DEFINITIONS A communicable disease/illness is a disease/illness that can be transmitted from one person to another. There are four main types of transmission including: 1) direct physical contact; 2) air (e.g. a cough, sneeze, or other particle inhaled); 3) a vehicle (ingested or injected); and 4) a vector (via animals or insects). With respect to this policy, communicable diseases/illnesses include, but are not limited to, diseases and illnesses deemed reportable by the Centers for Disease Control and Prevention (CDC) in conjunction with local health officials. Such communicable diseases/illnesses include: • Hepatitis viruses • Diphtheria • COVID-19 • Tuberculosis • Measles • Meningococcal disease • Mumps • Influenza • Varicella • Pertussis • Rubella • Severe acute respiratory syndrome (SARS) The City may broaden this definition in the best interests of public health and safety, and in accordance with information received from the CDC. IV. EMPLOYEE RESPONSIBILITIES Each employee has a responsibility to prevent the spread of communicable diseases/illnesses when they are aware of or suspect that they are or could be asymptomatic of a communicable disease/illness. Employees are also required to notify the City in accordance with the notification section below. Employees are encouraged to engage in good hygiene practices while at work, especially hand washing with soap and water or, if water is not available, using alcohol -based disposable hand wipes or sanitizers. Employees must also adhere to the recommendations issued by the CDC for specific illnesses and diseases. Additionally, this policy requires the following actions be taken to reduce the spread of communicable diseases/illnesses in the workplace: Individuals should stay home if they have or suspect they have a communicable disease/illness. If an individual becomes ill due to a communicable disease/illness, they should return to the City's workplace only after at least 24 hours of being symptom free and/or after being released by a medical professional. Should a public health agency provide reccomendations for a longer return to work period specific to an identified communicable disease/illness, the City will communicate that information to employees. Individuals who are well but who have a close family member or friend who has a communicable disease/illness may be permitted to continue reporting to the workplace. However, the City may take action to limit the individual's potential for spreading any communicable disease/illness depending on the relevant circumstances. Employees should monitor their health on a daily basis to ensure they remain free of any communicable disease/illness. • Employees should practice proper hygiene in the workplace by covering their mouth and nose when coughing or sneezing, immediately washing or sanitizing hands, and avoiding touching their eyes, nose, or mouth. • Employees should avoid close contact with sick people encountered in the workplace, when possible. If unavoidable due to job responsibilities, proper personal protective equipment should be worn or other proactive actions should be taken as necessary. V. EMPLOYEE NOTIFICATION AND DOCUMENTATION If an employee has been exposed to someone with a known or suspected communicable disease/illness; suspects that they are or could be asymptomatic of a communicable disease/illness; is subject to mandatory or suggested quarantine; or receives a report of a communicable disease/illness from a health care provider, they are required to notify Human Resources immediately, or as soon as reasonably practicable. Individuals may be required to obtain a medical certification providing that they no longer present a threat to other individuals in the workplace prior to being permitted to return to work. VI. EMPLOYER RESPONSE After receiving relevant information, the City will take prompt and appropriate action(s) to reduce the spread of communicable diseases/illnesses in the workplace. The City reserves the right to exclude any person with a known or suspected communicable disease/illness if a determination is made that the restriction is in the best interests of the organization. The City also reserves the right to require employees to work from home depending on the particular circumstances. The City's decisions regarding excluding individuals who have a communicable disease/illness from the workplace will be based on current and well-informed judgments concerning the communicable disease/illness, the risks of transmitting the communicable disease/illness to others, the symptoms and special circumstances of each individual who has a communicable disease/illness, whether required by law to exclude individuals with the communicable disease/illness, and a careful weighing of the identified risks and the available alternatives for responding to an employee with a communicable disease/illness. VII. COMPENSATION An employee who has a communicable disease/illness may elect to utilize sick leave or paid time off in accordance with normal City policies. Additionally, an employee may be subject to the requirements of our Family and Medical Leave Act policy. An employee who has a confirmed communicable disease/illness that poses a threat to other employees may be required to utilize additional sick leave, paid time off, family and medical leave, and/or leave without pay until the threat is removed. VIII. PANDEMIC SICK LEAVE ADVANCEMENT Employees who have no accrued leave available and who contract an illness related to an identified pandemic or who must remain home to care for an immediate family member, as defined in the Washington State Sick Leave law, who has contracted an illness related to an identified pandemic, may be approved an advancement of up to forty (40) hours sick leave to compensate for work hours missed. Sick leave advanced to the employee shall be applied when used per normal payroll practices. The total amount of sick leave advanced to the employee shall be deducted from the employee's regular accrual until the advanced sick leave is repaid. Should the employee separate employment from the City prior to repaying all advanced sick leave, any remaining advanced sick leave value will be deducted from the employee's final paycheck. Employees must request sick leave advancement from their supervisor or department head. The department shall submit requests for sick leave advancement to Human Resources for processing and final approval by the Mayor. IX. GROUP HEALTH INSURANCE DURING LEAVE If an employee participates in the City's group health plans, benefits may be maintained in accordance with any protections offered under the City's FMLA policy, equivalent state leave parallel policy, paid time off policy, and/or sick leave policy, if applicable. Unless otherwise specified in the relevant policy, whenever an employee is receiving pay from the City during a qualifying leave of absence where health insurance benefits are maintained, the employee's portion of the group health plan premium will be deducted from the employee's paycheck. Employees should contact Human Resources with any questions regarding continuing benefits during any leave. X. DISCRIMINATION AND RETALIATION PROHIBITED The City strictly prohibits and will not tolerate any retaliation or discrimination against any individual based on the individual having a communicable disease/illness or reporting a communicable disease/illness. Additionally, individuals will not be denied access to the workplace solely based on the grounds that they have a communicable disease/illness. However, the City reserves the right to exclude a person with a communicable disease/illness from the workplace if the City finds that, based on relevant factors, such a restriction is necessary for the welfare of the individual with the communicable disease/illness and/or the welfare of others within the workplace. Any individual who believes that he or she has been wrongfully retaliated against or discriminated against for having a communicable disease/illness, reporting a communicable disease/illness, exercising any rights under this policy, or for any other reason must immediately notify Human Resources. XI. CONFIDENTIALITY Communicable disease/illness-related diagnosis information reported to the City is treated as confidential information to the extent allowable by law. The City is committed to complying with all applicable federal, state, and local laws that protect the privacy of persons who have a communicable disease/illness. Every effort will be made to ensure procedurally sufficient safeguards are in place to maintain the privacy of individuals who have communicable diseases/illnesses. XII. COORDINATION OF LEAVE To the extent possible, leave taken under this policy will be coordinated with the City's FMLA Policy, equivalent state leave parallel policy, paid time off policy, and/or sick leave policy. To the extent possible, where multiple policies apply the leave may run concurrently under some or all of the relevant policies. XIII. QUESTIONS Employees who have any questions or concerns, or who need additional information regarding this policy should contact Human Resources.