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HomeMy WebLinkAboutReports - 2024.04.24 - 41148 AGENDA ITEM: Healthy Workplace Policy Update and Recommendation DEPARTMENT: Human Resources MEETING: Board of Commissioners DATE: Wednesday, April 24, 2024 6:00 PM - Click to View Agenda ITEM SUMMARY SHEET COMMITTEE REPORT TO BOARD Resolution #2024-30 Motion to approve the proposed amendments to the Healthy Workplace Policy, as noted in the attached documents. ITEM CATEGORY SPONSORED BY Policy Brendan Johnson INTRODUCTION AND BACKGROUND The Board of Commissioners adopted the Healthy Workplace Policy on December 7, 2023, to provide up to three (3) days of special leave time for on-site employees who have tested positive for highly contagious viruses such as COVID-19, Influenza, and Respiratory Syncytial Virus (RSV). As of March 31, 2024, a total of 96 incidences have resulted in the use of NPH hours. The Human Resources Department is recommending changes to the policy language, as well as to continue the use of NPH time year-round. POLICY ANALYSIS This is a request to approve the proposed amendments to the Healthy Workplace Policy. Highlights of the proposed changes to the policy include: • Eliminating the expiration date of the policy • Includes part-time employees who are required to work 100% on site • Revises language to be consistent with current CDC isolation and exposure guidelines • Updates the link in the policy to the CDC guidelines The effective date for non-represented employees would begin with the date of the adopted resolution. The effective date for represented (union) classifications would be from the date of a fully-executed Letter of Agreement. There is no direct financial impact estimated at this time. BUDGET AMENDMENT REQUIRED: No Committee members can contact Michael Andrews, Policy and Fiscal Analysis Supervisor at 248.425.5572 or andrewsmb@oakgov.com or the department contact persons listed for additional information. CONTACT Heather Van Poucker Sunil Asija, Director Human Resources ITEM REVIEW TRACKING Aaron Snover, Board of Commissioners Created/Initiated - 4/24/2024 AGENDA DEADLINE: 04/24/2024 6:00 PM ATTACHMENTS 1. BOC Healthy Workplace Memo APRIL 2024 2. Healthy Workplace Policy UPDATE April 2024 COMMITTEE TRACKING 2024-04-16 Legislative Affairs & Government Operations - Recommend to Board 2024-04-24 Full Board - Adopt Motioned by: Commissioner Angela Powell Seconded by: Commissioner Robert Hoffman Yes: David Woodward, Michael Spisz, Penny Luebs, Karen Joliat, Kristen Nelson, Christine Long, Robert Hoffman, Philip Weipert, Gwen Markham, Angela Powell, Marcia Gershenson, Charles Cavell, Brendan Johnson, Ann Erickson Gault, Linnie Taylor (15) No: None (0) Abstain: None (0) Absent: Ajay Raman, Michael Gingell, Yolanda Smith Charles, William Miller III (4) Passed OAKLAND COUNTY EXECUTIVE DAVID COULTER Sunil Asija, Director Human Resources 2100 Pontiac Lake Road | County Executive Building 41W | Waterford, MI 48328 | OakGov.com TO: David T. Woodward, Chairman of the Board of Commissioners Brendan Johnson, Chairperson of the Legislative Affairs and Government Operations Committee FROM: Heather Van Poucker, Deputy Director of Human Resources Sunil Asija, Director of Human Resources RE: Healthy Workplace Policy Recommendation DATE: April 2, 2024 The Board passed the Healthy Workplace Policy on December 7, 2023. Since then, every bargaining unit has signed on through a Letter of Agreement to implement the policy for their members. We provided three live informational sessions on the policy for 110 employees and prepared implementation guides and FAQs. As of April 1, 2024, a total of 96 incidences of COVID19/RSV/Influenza have triggered the use of the additional time off afforded by the policy for on-site employees with a positive test. Employees in 19 departments and 22 bargaining units have utilized, on average, 2.6 NPH days per incident of illness. A utilization summary is attached. The policy rollout went very smoothly with few questions or issues arising, and no reports of difficulty with staffing resulting from the policy. On March 1, 2024, the CDC issued updated guidance for how people can protect themselves and their communities from respiratory viruses. The updated CDC guidance is a unified approach to addressing risks from respiratory viral illnesses, such as COVID-19, flu, and RSV, which can cause significant health impacts and strain on hospitals and health care workers. The updated guidance did not result in changes to the Healthy Workplace Policy, which was intentionally written with reference to the CDC guidance. As best practices and CDC protocols evolve, so will the policy. We recommend the board continue the Healthy Workplace Policy year-round going forward. The attached recommended policy proposes eliminating the policy expiration date, updates links to current CDC guidance, and eliminates specific isolation guidance for RSV/flu which is now redundant under updated CDC guidance. The attached policy also includes language that expands the Healthy Workplace Policy to cover “part-time eligible” classifications as defined in Merit Rule 4.9, and as provided for in Merit Rule 22.2.2. Please note, Merit Rule 22.2.1 specifically excludes part-time non-eligible employees from benefits, including paid leave. We believe this policy has worked well to preserve health and safety in the workplace and provides crucial support for on-site employees to stay home while preserving their accrued time banks for their work/life balance. This policy provides additional paid time off for 100% on-site full-time and part-time eligible classifications with specific requirements to prove eligibility for additional NPH days. The time does not accrue, carry forward, or cash out at any time. Therefore, there will be no direct financial impact. 2100 Pontiac Lake Road | County Executive Building 41W | Waterford, MI 48328 | Fax (248) 452-9172 | OakGov.com HEALTHY WORKPLACE POLICY: UTILIZATION SUMMARY THROUGH 3/31/24 Month # Instances Department # Instances Bargaining Unit # Instances Dec 15 52/2 3 9 3 Jan 31 Animal Control 5 10 10 Feb 33 Central Svs 3 11 5 March 17 Children's Village 12 15 2 TOTAL 96 Circuit 1 20 3 FM&O 9 22 6 AV DAYS 2.6 Health 7 23 2 Homeland Sec. 2 24 5 Med Exam 1 30 2 Parks 4 50 4 Prosecutor 1 55 7 Probate 1 59 2 Reimbursement 1 60 1 ROD 3 64 1 Sheriff 20 69 1 Support Svs 2 81 1 Treasurer 3 86 1 Veteran's Svs 1 87 6 WRC 17 90 2 TOTAL 96 91 3 19 Departments 95 5 UNI 24 TOTAL 96 22 Units Healthy Workplace Policy Effective Dates: NON-UNION, From date of adoption through April 1, 2024 UNIONS, From date of fully executed Letter of Agreement through April 1, 2024 Purpose & General Statement: Oakland County is committed to maintaining a healthy and safe workplace to protect our employees and to prevent service disruption. Highly infectious and extremely serious illnesses such as influenza (flu), Respiratory Syncytial Virus (RSV), and COVID-19 are the most contagious and have the highest risk for detrimental health outcomes. It is imperative that we remain vigilant, especially when infection rates are high during peak season to protect our employees, our departments and those we serve. This policy outlines expectations for mitigating risk associated with highly infectious and extremely serious illnesses in the workplace. It also provides guidelines for employees regarding time off, remote work options, and preventive measures to ensure the well-being of all. Oakland County has provided employees and supervisors with tools to create a healthy and safe workplace. It is the responsibility of all of us to ensure that we make health and safety a priority. Departments that can accommodate remote work, especially during peak season for spread, should do so. This will help support service continuity and productivity while mitigating the risk of serious illness in the workplace. Due to the nature of public service operations, it is not feasible for all classifications to work remotely. Departments retain the sole discretion to determine which classifications are eligible for a remote work option. The provisions of this policy are meant to encourage safe practices and make it easier for sick employees to stay home and stop the spread, while protecting the safety of the workplace, other employees, and the public we serve. Please work with your team, human resources, and the public health division to establish a healthy workplace plan that serves your operational needs while protecting everyone’s health. Managing Exposure: Employees who are exposed to flu, RSV, or COVID-19 are expected to follow the CDC guidelines for isolation and exposure, observe recommendations pertaining to masking and other safety precautions, and utilize the CDC isolation and exposure calculator to determine the timing of safety/mitigation measures. Managing Illness, Symptoms and Reporting: For everyone’s safety, employees are encouraged to stay home when sick with a contagious illness, or when experiencing symptoms of a contagious illness such as fever, sore throat, cough, vomiting, diarrhea, chills, and body aches. It is imperative that employees stay home when experiencing symptoms of highly infectious and extremely serious illnesses such as influenza (flu), RSV, and COVID-19, or if there is reason to believe you have flu, RSV, or COVID-19 and could be contagious. These illnesses are extremely contagious and have significant risk for detrimental outcomes for others. The most responsible course of action is to test for flu/RSV/COVID-19 and observe CDC guidelines for isolation and exposure. It is highly recommended that an employee diagnosed with the flu, RSV, or COVID-19 promptly inform close contacts, including co-workers, to ensure those exposed are monitoring symptoms and taking proper precautions. Employees with flu/RSV/COVID-19 must report their absence as they would any other absence due to illness. Management Right to Preserve Workplace Safety In most cases, employees will honor the intent of this policy and make decisions that protect others from serious highly contagious illnesses such as flu/RSV/COVID-19. However, should an employee come to work visibly ill with observable symptoms that suggest flu/RSV/COVID-19, a supervisor may send the employee home to preserve the safety of the workplace. Supervisors who intend to send an employee home may want to consult with Human Resources/ Employee & Labor Relations (248-459-3936 or woodr@oakgov.com) who will consult with Public Health staff about the symptoms observed that support the decision. If the employee in question works in a remote-eligible position, the employee may be required to work remotely until symptoms resolve or a negative test from a medical facility is provided. If the employee in question works in a 100% on-site designated position, the employee will have access to up to 3 NPH days to cover the time off if there is a positive test from a medical facility. Paid Time Off and use of remote work options: To maintain productivity, it is highly recommended that Departments with hybrid-designated classifications allow employees to work from home when symptomatic or positive for flu, RSV, or COVID- 19. Remote work arrangements should be made to accommodate the employee's health while ensuring the continuity of work tasks. Departments may choose to make temporary exceptions to their hybrid work plans to maintain productivity during spikes in serious contagious illnesses. For example, allowing a contagious person to work remotely more days than typically allowed in the department hybrid work plan to limit others’ exposure to serious contagious illness at work. Conversely, Departments may need to temporarily alter or suspend healthy employees’ hybrid/remote schedules to meet in-office staffing needs as the result of widespread illness. Those working remote who need to take time off to rest and recover from their illness must take time off from their current time off banks to cover any periods of non-productivity. Departments retain the sole discretion to determine which classifications are eligible for a remote work option. Paid Time Off for 100% on-site classifications: For departments with full-time or part-time eligible under Merit Rule 4.9 classifications that are required to work 100% on-site, the County will allow up to three (3) full consecutive workdays of “NPH” paid time off for each incident of an employee’s illness with flu, RSV, or COVID-19. These days will be marked as NPH within the payroll system and will not be charged against employee time off banks. NPH days are available to cover some/all the time an employee must stay home due to their own active illness/required isolation. Documentation/evidence of a positive flu, RSV, or COVID-19 test from a medical facility such as the Oakland County Public Health Division, Doctor’s Office, Urgent Care is REQUIRED to access paid NPH days. Home tests are not accepted. Doctor’s notes are not accepted. If the test is negative, or documentation is not provided, the time off will be charged to the employee’s time off banks, or the employee may opt to take the time off as unpaid. It is the sole responsibility of the employee to provide suitable documentation to access NPH days. Due to the timing of payroll, employees may need to initially use leave banks to cover an absence. Once verified documentation of a positive test from a medical facility is received, up to 3 leave days will be restored and the time will be recorded as NPH. An employee may NOT code any time as NPH prior to uploading verified documentation of a positive test. Home tests are not accepted. Doctor’s notes are not accepted. It is the sole responsibility of the employee to provide suitable documentation to access NPH days. Departments retain the sole discretion to determine which classifications are eligible for a remote work option. Those in a remote-eligible position cannot access additional NPH days even if they normally work on-site. Remote-eligible employees are expected to work remotely, or use accrued paid off when it is unsafe to attend work in person due to illness. NPH time is not banked or accrued. It does not “carry forward” and there is no payout. It is available for each incident of COVID-19/flu/RSV evidenced with a positive test from a medical facility in accordance with this policy. Coordination with Family Medical Leave Act (FMLA) and Short-Term Disability (STD) Some serious health conditions may qualify for FMLA leave. For example, conditions requiring an overnight stay in a hospital or other medical care facility; or conditions that incapacitate the employee (for example, unable to work or attend school) for more than five consecutive days and that include ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care, such as prescription medication.) The County’s short-term disability plan may provide income protection for medically related absences exceeding five days. Oftentimes a qualifying STD claim will run concurrently with FMLA, and vice versa. Contact Human Resources if you believe an absence due to flu/RSV/COVID-19 may qualify as FMLA or if you need short-term disability. Flu, RSV, and COVID-19 Vaccination: Employees are strongly encouraged to receive an annual flu, RSV (as indicated), and COVID-19 vaccination. Oakland County provides free flu and COVID-19 vaccines to all full and part-time employees at its public health clinics. All County health insurance plans provide 100% coverage for vaccinations. Preventive Measures: Employees are expected to observe safety practices to prevent transmission of contagious illnesses in the workplace including frequent hand washing, covering mouth and nose when coughing or sneezing, avoiding close contact with others and wearing a mask if you are not feeling well or have reason to believe you may have been exposed to a person with flu, RSV, or COVID-19. All employees are strongly encouraged to wear masks during times of high transmission. Face masks, hand sanitizer, tissues, and disinfectant wipes will be provided throughout the workplace. Enhanced cleaning protocols will be implemented, focusing on high-touch surfaces and common areas, during times of high transmission. Departments requiring additional disinfecting should contact Facilities Maintenance to place a work order. Return-to-Work Criteria: Employees may return to work following flu, RSV, or COVID-19 infection based on the CDC isolation and exposure guidelines. Employees are required to follow CDC guidelines for isolation and exposure upon return, including CDC recommendations pertaining to masking and other safety precautions. Employees with a positive flu test may return to work 24 hours after their fever is gone without the use of fever-reducing medications, or after symptoms have improved, at least 4-5 days after flu symptoms started, in conformance with CDC guidelines. Employees with a positive RSV test may return to work 24 hours after symptoms have improved, typically 3 to 8 days after RSV symptoms started, in conformance with CDC guidelines. Existing union contract language and department requirements pertaining to “return-to-work” documentation apply to absences addressed within this policy. Confidentiality and Respect: Employees' health information should be kept confidential. Co-workers are expected to respect each other's privacy and refrain from discussing colleagues' health conditions. However, employees are also expected to demonstrate care and courtesy for their colleagues by notifying their supervisor of any close contacts in the workplace if they have exposed them to flu/RSV/COVID-19.