DSV Legal Insights
May 2020
Articles
New Guidelines for Staying Safe
With the recent opening of restaurants in most counties in Indiana, it is important for restaurant owners to ensure they are following all appropriate state and local mandates as well as guidelines from the CDC, FDA and OSHA in order to limit the likelihood of personal injury lawsuits regarding COVID-19 contraction and mitigate their legal risks.

Every Indiana restaurant should know the specific rules set out by Executive Order 20-28, which was issued by Governor Eric Holcomb on May 21, 2020 and establishes mandates for restaurants reopening in Stage 3. As of May 22, 2020, at 12:00 a.m., restaurants in Indiana in all counties except Cass, Lake and Marion (counties which are still in Stage 2 of reopening until June 1, 2020) were permitted to reopen with the following contingencies:

Continue reading to learn about the new contingencies in place.
How Long-Term Care Facilities Are Reporting Information
Indiana’s long-term care and assisted living facilities must inform facility residents and their designated representatives of certain COVID-19 information pertaining specifically to the facilities. The Indiana State Department of Health recently issued its reporting guidelines, which closely track the Centers for Medicare and Medicaid Services’ reporting requirements. 

Nursing facilities, skilled nursing facilities, residential facilities, and assisted living facilities must inform facility residents and their designated representatives with appropriate information.

Continue reading to learn the new requirements for sharing COVID-19 information.
Recent Blogs
Slowly, tentatively, we are returning to our workplaces following state and local COVID-19 stay at home orders targeting slowing the spread of the disease. As we do, new questions arise daily about how we as employers must respond to keep our workforces healthy and safe without creating new problems by unnecessarily singling out employees with disabilities or pre-existing health concerns.
 
On May 5 th , and again on May 7 th , the Equal Employment Opportunity Commission (EEOC) updated their guidance “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” which now provides guidance on return to work health and safety measures as they may impact persons with disabilities under the Americans with Disabilities Act (ADA) and persons having conditions identified as posing greater risks.

Continue reading to learn about the new guidelines.
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