Do any of you have policies for Covid exposure while on the job? If an officer arrests a person who is later determined to be Covid +, that officer must quarantine for 14 days. I know this would be covered by the FFCRA sick leave, but would it also be covered by worker's comp since we know the only reason for the officer's quarantine is on-duty exposure? Or do you have another policy that would require the officer to be paid aside from the FFCRA leave? Thanks for any insight/experience. Kim Spady

Hi Kim, It potentially could be WC but the issue is proof that the employee contracted it while on the job and not through any other source, i.e. exposure by a spouse or other family member, attending funerals, weddings, etc. An investigation would be conducted to ascertain the likelihood that it happened at work. So, I tell everyone to be sure to document every encounter while on duty with a COVID positive patient. This is the info we put on our website. WORKERS COMPENSATION Is COVID-19 covered by Workers' Compensation benefits? Employees who develop COVID-19 may also be entitled to workers compensation if the moment and method of transmission of the virus can be determined to have occurred while in the performance of their job duties. Just as any other type of exposure claim, this will be determined after a positive test has been confirmed and an investigation indicates that the employee contracted COVID-19 while working. Any questions or concerns about workers compensation should be directed to the provider of your workers compensation insurance. OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Suzanne D. Paulson General Counsel spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [https://www.omag.org/portals/0/facebook.png]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [https://www.omag.org/portals/0/twitter.png] <https://twitter.com/omag1977> [https://www.omag.org/portals/0/linkedin.png] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Kimberlee Spady Sent: Monday, August 10, 2020 5:36 PM To: oama@lists.imla.org Subject: [Oama] Police Officer - Covid Exposure Do any of you have policies for Covid exposure while on the job? If an officer arrests a person who is later determined to be Covid +, that officer must quarantine for 14 days. I know this would be covered by the FFCRA sick leave, but would it also be covered by worker's comp since we know the only reason for the officer's quarantine is on-duty exposure? Or do you have another policy that would require the officer to be paid aside from the FFCRA leave? Thanks for any insight/experience. Kim Spady

Thanks, Suzy. The officer hasn't tested positive for the virus. He is in quarantine only because CDC guidelines require it since he was in close contact with an arrestee who tested positive. He hasn't been tested yet, as this just happened Saturday night. So, as I understand it, it doesn't matter if he tests negative 5 times next week - CDC still says he has to quarantine for 14 days after exposure. I'm checking to see if he was masked while he was around the person. I'm not finding where that would matter, though, as far as CDC guidelines are concerned? These are my questions: 1. Does it matter if the officer and/or detainee were masked during the encounter (as far as the officer being required to quarantine)? 2. It seems to me that the municipality should pay the officer while he can't work. Is there any other viewpoint on that or reason he shouldn't be paid? 3. Will workers comp coverage apply since he's just quarantined, not necessarily sick? 4. Would a claim cause the municipality's premiums to increase? (They are wondering whether it is better financially to just pay him and not make a claim, even if it is covered, since there are no medical expenses.) Thank you for your insight! Kim From: Suzanne Paulson <spaulson@omag.org> Sent: Tuesday, August 11, 2020 9:12 AM To: Kimberlee Spady <Kim@spadylaw.com>; oama@lists.imla.org Subject: RE: [Oama] Police Officer - Covid Exposure Hi Kim, It potentially could be WC but the issue is proof that the employee contracted it while on the job and not through any other source, i.e. exposure by a spouse or other family member, attending funerals, weddings, etc. An investigation would be conducted to ascertain the likelihood that it happened at work. So, I tell everyone to be sure to document every encounter while on duty with a COVID positive patient. This is the info we put on our website. WORKERS COMPENSATION Is COVID-19 covered by Workers' Compensation benefits? Employees who develop COVID-19 may also be entitled to workers compensation if the moment and method of transmission of the virus can be determined to have occurred while in the performance of their job duties. Just as any other type of exposure claim, this will be determined after a positive test has been confirmed and an investigation indicates that the employee contracted COVID-19 while working. Any questions or concerns about workers compensation should be directed to the provider of your workers compensation insurance. OMAG's COVID-19 Info Page: <https://www.omag.org/covid19-faq> https://www.omag.org/covid19-faq Suzanne D. Paulson General Counsel spaulson@omag.org <mailto:spaulson@omag.org> 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 <http://www.omag.org/> OMAG Web Site Follow us on: <https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311 740931?ref=stream> <https://twitter.com/omag1977> <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> From: Oama <oama-bounces@lists.imla.org <mailto:oama-bounces@lists.imla.org> > On Behalf Of Kimberlee Spady Sent: Monday, August 10, 2020 5:36 PM To: oama@lists.imla.org <mailto:oama@lists.imla.org> Subject: [Oama] Police Officer - Covid Exposure Do any of you have policies for Covid exposure while on the job? If an officer arrests a person who is later determined to be Covid +, that officer must quarantine for 14 days. I know this would be covered by the FFCRA sick leave, but would it also be covered by worker's comp since we know the only reason for the officer's quarantine is on-duty exposure? Or do you have another policy that would require the officer to be paid aside from the FFCRA leave? Thanks for any insight/experience. Kim Spady

1. Does it matter if the officer and/or detainee were masked during the encounter (as far as the officer being required to quarantine)? I think that is certainly a consideration when determining whether to require quarantine for an officer or employee who has been exposed. However, according to the CDC, if the officer has not tested positive and he/she has no symptoms then I don't think they have to quarantine under CDC guidelines, (although they may have to under a more strict City policy). The CDC states: https://www.cdc.gov/coronavirus/2019-ncov/community/critical-workers/implementing-safety-practices.html. To ensure continuity of operations of essential functions, CDC advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community. A potential exposure means being a household contact or having close contact within 6 feet of an individual with confirmed or suspected COVID-19. The timeframe for having contact with an individual includes the period of time of 48 hours before the individual became symptomatic. Critical Infrastructure workers who have had an exposure but remain asymptomatic should adhere to the following practices prior to and during their work shift: * Pre-Screen: Employers should measure the employee's temperature and assess symptoms prior to them starting work. Ideally, temperature checks should happen before the individual enters the facility. * Regular Monitoring: As long as the employee doesn't have a fever or symptoms, they should self-monitor under the supervision of their employer's occupational health program. * Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure. Employers can issue facemasks or can approve employees' supplied cloth face coverings in the event of shortages. * Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace. * Disinfect and Clean work spaces: Clean and disinfect all areas such as offices, bathrooms, common areas, shared electronic equipment routinely. If the employee becomes sick during the day, they should be sent home immediately<https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/caring-for-yourself-at-home.html>. Surfaces in their workspace should be cleaned and disinfected<https://www.cdc.gov/coronavirus/2019-ncov/prepare/disinfecting-building-facility.html>. Information on persons who had contact with the ill employee during the time the employee had symptoms and 2 days prior to symptoms should be compiled. Others at the facility with close contact within 6 feet of the employee during this time would be considered exposed. Employers should implement the recommendations in the Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019<https://www.cdc.gov/coronavirus/2019-ncov/community/guidance-business-response.html> to help prevent and slow the spread of COVID-19in the workplace. Additional information about identifying critical infrastructure during COVID-19 can be found on the DHS CISA website external icon<https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19> or the CDC's specific First Responder Guidance page<https://www.cdc.gov/coronavirus/2019-ncov/community/first-responders.html>. 1. It seems to me that the municipality should pay the officer while he can't work. Is there any other viewpoint on that or reason he shouldn't be paid? If the City policy requires the employee to quarantine due to possible exposure at work (but no positive test and no symptoms as mentioned in the CDC guidelines above) then it is my opinion that the city pay that employee. I think the situation is different when an employee chooses to go on a vacation and then is exposed. In that instance I think that the employee should be required to use vacation leave or sick leave to self-quarantine. If the City provides more benefits than the federal law, I would just suggest the city adopt a policy and budget for those benefits. I will add that I don't think the officer in this situation qualifies for FFCRA paid sick leave because he/she does not meet one of the six conditions (unless he/she has been required to stay home by a health care provider): 1. is subject to a Federal, State, or local quarantine or isolation order related to COVID-19; 2. has been advised by a health care provider to self-quarantine related to COVID-19; 3. is experiencing COVID-19 symptoms and is seeking a medical diagnosis; 4. is caring for an individual subject to an order described in (1) or self-quarantine as described in (2); 5. is caring for a child whose school or place of care is closed (or child care provider is unavailable) for reasons related to COVID-19; or 6. is experiencing any other substantially-similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury. 1. Will workers comp coverage apply since he's just quarantined, not necessarily sick? WC coverage only applies if the employee tests positive and the investigation shows that the source of the infection was at work (which is very difficult to prove since many individuals are still attending funerals, weddings, grocery store, family gatherings, vacations, etc. where there is also a likelihood of exposure). I tell employers to keep all records and document all potential exposures and advise employees that an investigation will be conducted if they test positive to determine whether the likely exposure was at work or outside of work. This is not unique to COVID, it applies to all types of exposure claims, i.e. Hepatitis, HIV, etc. 1. Would a claim cause the municipality's premiums to increase? (They are wondering whether it is better financially to just pay him and not make a claim, even if it is covered, since there are no medical expenses.) I do not know if the claim would increase the premium because we don't directly insure the WC claims (we are a pass through to CompSource Mutual). My guess would be that one claim would not increase but I can't say for sure. I do know that it will not be considered a "claim" unless the employee has tested positive. If the municipality is in the OMAG WC Plan, then you can have the municipality report the exposure to CBR (OMAG's WC adjusters), but it will be a "report-only" until the employee tests positive. I am not sure how CompSource is handling the claims. OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Suzanne D. Paulson General Counsel spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [https://www.omag.org/portals/0/facebook.png]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [https://www.omag.org/portals/0/twitter.png] <https://twitter.com/omag1977> [https://www.omag.org/portals/0/linkedin.png] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Kimberlee Spady Sent: Tuesday, August 11, 2020 10:56 AM To: oama@lists.imla.org Subject: Re: [Oama] Police Officer - Covid Exposure Thanks, Suzy. The officer hasn't tested positive for the virus. He is in quarantine only because CDC guidelines require it since he was in close contact with an arrestee who tested positive. He hasn't been tested yet, as this just happened Saturday night. So, as I understand it, it doesn't matter if he tests negative 5 times next week - CDC still says he has to quarantine for 14 days after exposure. I'm checking to see if he was masked while he was around the person. I'm not finding where that would matter, though, as far as CDC guidelines are concerned? These are my questions: 1. Does it matter if the officer and/or detainee were masked during the encounter (as far as the officer being required to quarantine)? 2. It seems to me that the municipality should pay the officer while he can't work. Is there any other viewpoint on that or reason he shouldn't be paid? 3. Will workers comp coverage apply since he's just quarantined, not necessarily sick? 4. Would a claim cause the municipality's premiums to increase? (They are wondering whether it is better financially to just pay him and not make a claim, even if it is covered, since there are no medical expenses.) Thank you for your insight! Kim From: Suzanne Paulson <spaulson@omag.org<mailto:spaulson@omag.org>> Sent: Tuesday, August 11, 2020 9:12 AM To: Kimberlee Spady <Kim@spadylaw.com<mailto:Kim@spadylaw.com>>; oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: RE: [Oama] Police Officer - Covid Exposure Hi Kim, It potentially could be WC but the issue is proof that the employee contracted it while on the job and not through any other source, i.e. exposure by a spouse or other family member, attending funerals, weddings, etc. An investigation would be conducted to ascertain the likelihood that it happened at work. So, I tell everyone to be sure to document every encounter while on duty with a COVID positive patient. This is the info we put on our website. WORKERS COMPENSATION Is COVID-19 covered by Workers' Compensation benefits? Employees who develop COVID-19 may also be entitled to workers compensation if the moment and method of transmission of the virus can be determined to have occurred while in the performance of their job duties. Just as any other type of exposure claim, this will be determined after a positive test has been confirmed and an investigation indicates that the employee contracted COVID-19 while working. Any questions or concerns about workers compensation should be directed to the provider of your workers compensation insurance. OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.omag.org%2Fcovid19-faq&data=02%7C01%7Cspaulson%40omag.org%7C3d42ba57c34b41de699c08d83e0f2dda%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637327582205411367&sdata=o4rik91jybh0ciQMifjahBuEXGyrDwFAXsOghuCll0Y%3D&reserved=0> Suzanne D. Paulson General Counsel spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.omag.org%2F&data=02%7C01%7Cspaulson%40omag.org%7C3d42ba57c34b41de699c08d83e0f2dda%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637327582205421360&sdata=sgsUSFXwp2yQPnVf%2BVA6Tj8ui7X%2F8fcBYZjvVVFvZZM%3D&reserved=0> Follow us on: [https://www.omag.org/portals/0/facebook.png]<https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.facebook.com%2Fpages%2FOklahoma-Municipal-Assurance-Group%2F217733311740931%3Fref%3Dstream&data=02%7C01%7Cspaulson%40omag.org%7C3d42ba57c34b41de699c08d83e0f2dda%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637327582205421360&sdata=EOxzzEZvfamKlctPsJ4ovFxApYFbWJ3A6xe9Nn9YGPQ%3D&reserved=0> [https://www.omag.org/portals/0/twitter.png] <https://nam05.safelinks.protection.outlook.com/?url=https%3A%2F%2Ftwitter.com%2Fomag1977&data=02%7C01%7Cspaulson%40omag.org%7C3d42ba57c34b41de699c08d83e0f2dda%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637327582205431363&sdata=g9H3nk%2BHLCsrB81JTysb3cetVAsrCqe7DT8pYqA207U%3D&reserved=0> [https://www.omag.org/portals/0/linkedin.png] <https://nam05.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.linkedin.com%2Fcompany%2Foklahoma-municipal-assurance-group&data=02%7C01%7Cspaulson%40omag.org%7C3d42ba57c34b41de699c08d83e0f2dda%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637327582205431363&sdata=qQly%2FYNcUbFnlPr1%2BThhepXWB4eAakAtM7NvAoFvV94%3D&reserved=0> From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Kimberlee Spady Sent: Monday, August 10, 2020 5:36 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Police Officer - Covid Exposure Do any of you have policies for Covid exposure while on the job? If an officer arrests a person who is later determined to be Covid +, that officer must quarantine for 14 days. I know this would be covered by the FFCRA sick leave, but would it also be covered by worker's comp since we know the only reason for the officer's quarantine is on-duty exposure? Or do you have another policy that would require the officer to be paid aside from the FFCRA leave? Thanks for any insight/experience. Kim Spady