(a) Employee protections.
(1) Employees shall be provided with personal hand sanitizers effective against Contagious Public Health Threats including COVID-19, at no cost to the Employee.
(2) Employees shall be provided with face coverings, gloves, and all Personal Protective Equipment (PPE) necessary to safely perform the work required to comply with this Article 11B, at no cost to Employees. Such PPE shall be replaced, cleaned, and used in conformance with manufacturer directions. Medical waste disposal containers shall be provided where Employees are required to collect, clean, or dispose of medical waste such as syringes.
(3) Items, clothing, and equipment that have been used by an Employee but are to be transferred to another Employee, or used by an Employee on one shift and to be transferred to another Employee on a subsequent shift, shall be cleaned and disinfected before being transferred.
(4) Employees shall be given adequate time during their work hours to perform the cleaning, disinfecting, and disease prevention duties imposed by this Article 11B.
(5) If the Department recommends that Employees undergo testing for COVID-19 or any other Contagious Public Health Threat, Operators shall ensure that such Employees may receive testing as recommended by the Department. Such testing shall be at no cost to the Employee, and shall occur on paid time, including time required to travel to and from testing sites.
(b) Employee Training. For all Employees assigned cleaning and/or disinfecting duties pursuant to Section 625.3, each Operator shall provide comprehensive and ongoing training in the following subjects: COVID-19 or, as applicable, other Contagious Public Health Threat symptoms, how COVID-19 or other Contagious Public Health Threats are spread, prevention of the spread of COVID-19 or other Contagious Public Health Threats, the requirements of this Article 11B, and Employee rights and responsibilities under this Article. Such training shall be performed on paid time and shall be conducted in all languages spoken by 20% or more of the Employees at a Covered Establishment.
(c) No Operator or Covered Establishment or other person shall discharge, demote, suspend, or fail to promote any Employee, or threaten to do any of the foregoing; reduce the compensation, increase the workload, or change the duties of any Employee, or threaten to do any of the foregoing; impose fees or charges on any Employee, or threaten to do either; or in any manner discriminate or otherwise take adverse action against any Employee, or threaten to do so, for opposing any practice proscribed by this Article 11B, participating in investigations or proceedings related to this Article, seeking to enforce the Employee’s rights or the rights of another Employee under this Article by any lawful means, or otherwise asserting rights under this Article.
(d) No Operator, Covered Establishment, or any other person shall take any adverse action as described in subsection (c) against any Employee for refusing to perform work that the Employee reasonably believes poses a personal health risk or a health risk to others because of a failure to adhere to the requirements of this Article 11B.
(e) No Operator, Covered Establishment, or other person shall take any adverse action as described in subsection (c) against any Employee for reporting or disclosing work conditions the Employee reasonably believes pose a personal health risk or a health risk to others because of a failure to adhere to the requirements of this Article 11B.
(g) Protections of this Section 625.4 shall apply to any Employee or other person who mistakenly, but in good faith, alleges noncompliance with this Article 11B. Taking adverse action against an Employee or other person within 90 days of their having exercised rights protected under this Article shall raise a rebuttable presumption that the party taking the adverse action did so in retaliation for the exercise of such rights.
(h) This Section 625.4 shall be implemented and enforced by the Office of Labor Standards Enforcement, which may promulgate regulations and guidelines for such purposes.
(Added by Ord. 208-20, File No. 200764, App. 10/9/2020, Eff. 11/9/2020)