COVID-19: Work Safety and Going Back to Work

As of June 10, 2020 most businesses can open, as long as they follow the rules and have a COVID-19 plan. You can find a more detailed list of which types of  businesses can and can’t be open here:  https://mn.gov/deed/newscenter/covid/safework/non-critical/.

Businesses that are open may have to limit how many people can be inside.

The current rules say that any worker who can work from home should keep doing that. 

If you can work from home but your employer won’t let you, call or email the Minnesota Department of Human Rights Work From Home Violation Helpline:

• Call 651-539-1132 or toll free 833-454-0152
• Email WFHviolations@state.mn.us 

A business that is open or wants to open must have a plan for the following things:

• Let workers who can work from home do so
• Have a way to make sure sick workers stay home. This can include health screenings
• A plan for keeping social distance between workers, and between workers and customers
• Hygiene and cleaning rules. These are things like hand washing rules, cleaning and disinfecting surfaces in the workplace, and other rules to stop or slow spread of germs.
• Train all workers on the safety rules and in different languages if needed

The same rules above apply, but the business also must make sure:

• Workers and customers can be 6 feet apart on all sides
• Store or business capacity doesn’t go over 50%. This is 50% of the fire marshal occupancy number (this is usually on a sign in the business)
• Social distance and hygiene rules for customers must be posted at entrances and places where customers can see them
• You wear a mask if you work in a salon, tattoo shop, barber shop or restaurant

A business must give its plan to all workers in writing. It’s also supposed to be posted in a place at work where you can see it. If there’s no place to post it, it can be somewhere electronically if you and other workers get a copy and can read it anytime.

A business like housecleaning, piano tuning, or repair services is called “household services.” They also need to have a plan to keep customers and workers safe.

The State of Minnesota and the CDC strongly encourage people to wear masks in any public setting where they can’t keep social distance. Workers at some businesses have to wear masks, like at salons, tattoo parlors, or restaurants. A business can make their own rules about masks. If you don’t feel safe with your employer’s rules about masks, see next section.

Some cities have rules saying that  people have to wear a mask. Both St. Paul and Minneapolis require people to wear masks when inside businesses.

A business owner, manager or supervisor can get in trouble if they don’t follow the rules, or if they ask you not to follow these rules. First you should ask your employer to follow the rules. If that doesn’t work or if you are afraid they will fire you or retaliate in another way, you can report them. Report the things you are worried about at work to Minnesota OSHA at 651-284-5050 or 877-470-6742. You can also go online at osha.compliance@state.mn.us. Your employer can’t discipline you or retaliate against you for reporting unsafe work conditions.

Not unless you follow the steps below.

• If your doctor or medical professional says you should stay home because you are or someone in your household is in a high-risk group, ask your employer for a reasonable accommodation. 

• A reasonable accommodation is something that lets you do your job with some extra help or changes. For example, you could ask your employer to let you work from home, buy extra protective gear, change work hours, or let you work in an area with fewer people.

• You need to ask for a reasonable accommodation in writing.

• Make sure you keep copies of your letter asking for an accommodation.

• If your employer gives you the reasonable accommodation, you must go back to work.

See our COVID-19: Reasonable Accommodations at Work fact sheet for more information.

• Get a letter from the doctor explaining why you or a family member is in a high-risk group and what kinds accommodations you need. Give it to your employer.

• It is very important that you keep copies of any documents you give to your employer. This includes the doctor's note and any papers you get from your employer that prove you were willing to work if it was safe. Also, take notes every time you talk to your employer. Include the name of the person you spoke to and the date and time you had the conversation. If they still won’t give you a reasonable accommodation, call Legal Aid.

• You can also ask for a leave of absence. Do it in writing. If your employer won’t OK a leave of absence, you need to decide if you want to go back to work or quit. Make sure you keep copies of letters and other papers. If you get a leave of absence or decide to quit, you may still be able to get unemployment. Call Legal Aid if you are denied.

• No. Not unless your employer is not following safety rules. If that is the case, you may have to tell your employer what you are worried about and give them a chance to make it right before you quit in order to stay home and remain on unemployment.
• Report the things you are worried about at work to Minnesota OSHA at 877-470-6742 or online at osha.compliance@state.mn.us. Your employer can’t discipline you or retaliate against you for reporting unsafe work conditions.
• For rules on safety, see MN OSHA's website at http://www.dli.mn.gov/business/workplace-safety-and-health/mnosha-compliance-novel-coronavirus-covid-19.