Public Employer Health Emergency Plan
February 11, 2021. This plan has been developed in accordance with NYS legislation S8617B/A10832
This plan has been developed in accordance with the amended New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable.
This plan has been developed with the input of CSEA Local 1000 and Town of Brighton Unit 6870/Franklin County Local 817, as required by the amended New York State Labor Law.
No content of this plan is intended to impede, infringe, diminish, or impair the rights of us or our valued employees under any law, rule, regulation, or collectively negotiated agreement, or the rights and benefits which accrue to employees through collective bargaining agreements, or otherwise diminish the integrity of the existing collective bargaining relationship.
This plan has been approved in accordance with requirements applicable to the agency, jurisdiction, authority, or district, as represented by the signature of the authorized individual below.
As the authorized official of the Town of Brighton, I hereby attest that this plan has been developed, approved, and placed in full effect in accordance with S8617B/A10832 which amends New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable, to address public health emergency planning requirements.
Signed on this day: February 18, 2021, Supervisor Peter Shrope
Record of Changes
Date of Change Description of Change Implemented by
Record of Changes 2
Purpose, Scope, Situation Overview, and Assumptions 4
Situation Overview 4
Planning Assumptions 5
Concept of Operations 5
Mission Essential Functions 6
Essential Positions 6
Reducing Risk Through Remote Work and Staggered Shifts 7
Remote Work Protocols 7
Staggered Shifts 7
Personal Protective Equipment 8
Staff Exposures, Cleaning, and Disinfection 9
Staff Exposures 9
Cleaning and Disinfecting 10
Employee and Contractor Leave 11
Documentation of Work Hours and Locations 11
Housing for Essential Employees 12
Attachment 1: Public Health Emergency Staff Contact Tracing Log 13
Purpose, Scope, Situation Overview, and Assumptions
This plan has been developed in accordance with the amended New York State Labor Law section 27-c and New York State Education Law paragraphs k and l of subdivision 2 of section 2801-a (as amended by section 1 of part B of chapter 56 of the laws of 2016), as applicable. These laws were amended by the passing of legislation S8617B/A10832 signed by the Governor of New York State on September 7, 2020, requires public employers to adopt a plan for operations in the event of a declared public health emergency involving a communicable disease. The plan includes the identification of essential positions, facilitation of remote work for non-essential positions, provision of personal protective equipment, and protocols for supporting contact tracing.
This plan was developed exclusively for and is applicable to the Town of Brighton. This plan is pertinent to a declared public health emergency in the State of New York which may impact our operations; and it is in the interest of the safety of our employees and contractors, and the continuity of our operations that we have promulgated this plan.
On March 11, 2020 the World Health Organization declared a pandemic for the novel coronavirus which causes the COVID-19 severe acute respiratory syndrome. This plan has been developed in accordance with amended laws to support continued resilience for a continuation of the spread of this disease or for other infectious diseases which may emerge and cause a declaration of a public health emergency.
The health and safety of our employees and contractors is crucial to maintaining our mission essential operations. We encourage all employees and contractors to use CDC Guidance for Keeping Workplaces, Schools, Homes, and Commercial Establishments Safe.
The fundamentals of reducing the spread of infection include:
* Using hand sanitizer and washing hands with soap and water frequently, including:
*After using the restroom
* After returning from a public outing
* After touching/disposing of garbage
* After using public computers, touching public tables, and countertops, etc.
* Practice social distancing when possible
* Wear a mask to reduce the spread of respiratory illness
* If you are feeling ill or have a fever, notify your supervisor immediately and go home
* If you start to experience coughing or sneezing, step away from people and food, cough or sneeze into the crook of your arm or a tissue, the latter of which should be disposed of immediately
* Clean and disinfect workstations at the beginning, middle, and end of each shift
* Other guidance which may be published by the CDC, the State Department of Health, or County health officials.
This plan was developed based on information, best practices, and guidance available as of the date of publication. The plan was developed to largely reflect the circumstances of the current Coronavirus pandemic but may also be applicable to other infectious disease outbreaks.
The following assumptions have been made in the development of this plan:
* The health and safety of our employees and contractors, and their families, is of utmost importance
* The circumstances of a public health emergency may directly impact our own operations.
* Impacts of a public health emergency will take time for us to respond to, with appropriate safety measures put into place and adjustments made to operations to maximize safety
* The public and our constituency expects us to maintain a level of mission essential operations
* Resource support from other jurisdictions may be limited based upon the level of impact the public health emergency has upon them
* Supply chains, particularly those for personal protective equipment (PPE) and cleaning supplies, may be heavily impacted, resulting in considerable delays in procurement
* The operations of other entities, including the private sector (vendors, contractors, etc.), non-profit organizations, and other governmental agencies and services may also be impacted due to the public health emergency, causing delays or other disruptions in their services
* Emergency measures and operational changes may need to be adjusted based upon the specific circumstances and impacts of the public health emergency, as well as guidance and direction from public health officials and the governor
* Per S8617B/A10832, ëessential employeeí is defined as a public employee or contractor that is required to be physically present at a work site to perform their job
* Per S8617B/A10832, ënon-essential employeeí is defined as a public employee or contractor that is not required to be physically present at a work site to perform their job
Concept of Operations
The Supervisor of the Town of Brighton, their designee, or their successor holds the authority to execute and direct the implementation of this plan. Implementation, monitoring of operations, and adjustments to plan implementation may be supported by additional personnel, at the discretion of the Town Supervisor.
Upon the determination of implementing this plan, all employees and contractors of the Town of Brighton shall be notified by telephone and e-mail, with details provided as possible and necessary, with additional information and updates provided on a regular basis. Town residents will be notified of pertinent operational changes by way of the town website (https://www.townofbrighton.net), and town notice boards. Other interested parties, such as vendors, will be notified by phone and/or email as necessary. The Town Supervisor, Deputy Supervisory, or their designee will maintain communications with the public and constituents as needed throughout the implementation of this plan.
The Town Supervisor of the Town of Brighton, their designee, or their successor will maintain awareness of information, direction, and guidance from public health officials and the Governorís office, directing the implementation of changes as necessary.
Upon resolution of the public health emergency, the Town Supervisor of the Town of Brighton, their designee, or their successor will direct the resumption of normal operations or operations with modifications as necessary.
Mission Essential Functions
When confronting events that disrupt normal operations, the Town of Brighton is committed to ensuring that essential functions will be continued even under the most challenging circumstances.
Essential functions are those functions that enable an organization to:
1. Maintain the safety of employees, contractors, and our constituency
2. Provide vital services
3. Provide services required by law
4. Sustain quality operations
5. Uphold the core values of the Town of Brighton
The Town of Brighton has identified as critical only those priority functions that are required or are necessary to provide vital services. During activation of this plan, all other activities may be suspended to enable the organization to concentrate on providing the critical functions and building the internal capabilities necessary to increase and eventually restore operations. Appropriate communications with employees, contractors, our constituents, and other stakeholders will be an ongoing priority.
The mission essential functions for the Town of Brighton have been identified as:
Essential Function: Description
Roads and Buildings: Manages snow removal, road, and property maintenance.
Tax Collection: Collection of taxes
Vital Records: Receive, record, and file vital records. Collect associated fees and process bank deposits.
Bookkeeping: Balance town accounts and maintain financial accountability.
Governing: Executive branch management of daily town functions
Fire Protection: Fire, EMS, and rescue services (contracted)
Justice Court: Maintain and process court docket.
Each essential function identified above requires certain positions on-site to effectively operate. The table below identifies the positions or titles that are essential to be staffed on-site for the continued operation of each essential function. Note that while some functions and associated personnel may be essential, some of these can be conducted remotely and do not need to be identified in this section.
– Essential Function Essential Positions/Titles Justification for Each
– Roads and Buildings: Highway Superintendent, Highway Employees, Manages snow removal, road, and property maintenance.Tax Collection: Tax Collector, Receives and records taxes, processes bank deposits.
– Vital Records: Town Clerk, Receives, records, and files vital records. Collects fees and processes bank deposits.
– Bookkeeping: Bookkeeper, Balances the monthly town accounts. Pays bills.
– Governing: Town Supervisor, Executive branch management of daily town functions
– Fire Protection: Fire and EMS personnel, On-site emergency responses
– Justice Court: Court Justice, Court Clerk, Maintain and process court docket, including traffic tickets, criminal matters, small claims, and local code violations.
It is important to note that Justice Court is a vital component of town government, with Justice Court functions budgeted and supported by the Town Board and Town Supervisor. However, we recognize that the New York State Office of Court Administration holds dominion over Justice Courts and, as such, may issue orders which suspend or alter the hours of operation or means by which Justice Courts operate; which may not fully align with this plan or other measures taken by the Town Board or Town Supervisor. As such, the Town Board, Town Supervisor, and Town Clerk will coordinate as necessary with Justice Court personnel to ensure safe and effective continuity of town Justice Court.
Reducing Risk Through Remote Work and Staggered Shifts
Through assigning certain staff to work remotely and by staggering work shifts, we can decrease crowding and density at work sites and on public transportation
Remote Work Protocols
Non-essential employees and contractors able to accomplish their functions remotely will be enabled to do so at the greatest extent possible.
All staff will work remotely as town council sees fit, based on ability and manning necessities. Most all positions are able to work from home, physical jobs (i.e. Highway Department) notwithstanding.
As possible, ‘essential’ staff may be assigned to work remotely for part of their work week to reduce exposures. Further, business hours and locations of Town government may be altered to best accommodate public health protective actions for employees and the public. Alterations to building access and the means by which the public interacts with Town employees may also take place to support these protections. Protective actions may include, but are not limited to occupancy restrictions, protective barriers, and increased conduct of business by internet, phone, or other means. Protective actions will be taken in accordance with County and State Health Department, and CDC guidelines and requirements.
Working remotely requires:
1. Identification of staff who will work remotely
2. Approval and assignment of remote work
3. Equipping staff for remote work, which may include:
a. Internet capable laptop
b. Necessary peripherals
c. Access to VPN and/or secure network drives
d. Access to software and databases necessary to perform their duties
e. A solution for telephone communications (note that phone lines may need to be remotely accessed) and access to mail and physical files
Implementing staggered shifts may be possible for personnel performing duties which are necessary to be performed on-site but perhaps less sensitive to being accomplished only within core business hours. As possible, management will identify opportunities for staff to work outside core business hours as a strategy of limiting exposure. Regardless of changes in start and end times of shifts, The Town of Brighton will ensure that employees are provided with their typical or contracted minimum work hours per week. Staggering shifts requires:
1. Identification of positions for which work hours will be staggered
2. Approval and assignment of changed work hours
All positions within Town Hall can be placed on a staggered shift schedule to support employee safety and continuity of operations during a public health emergency. Highway Department shall stagger shifts as possible and practical for essential work.
Personal Protective Equipment
The use of personal protective equipment (PPE) to reduce the spread of infectious disease is important to supporting the health and safety of our employees and contractors. PPE which may be needed can include:
* Face shields
* Disposable gowns and aprons
Note that while cleaning supplies are not PPE, there is a related need for cleaning supplies used to sanitize surfaces, as well as hand soap and hand sanitizer. The Coronavirus pandemic demonstrated that supply chains were not able to keep up with increased demand for these products early in the pandemic. As such, we are including these supplies in this section as they are pertinent to protecting the health and safety of our employees and contractors.
Protocols for providing PPE include:
1. Identification of need for PPE based upon job duties and work location
2. Procurement of PPE
a. As specified in the amended law, public employers must be able to provide at least two pieces of each required type of PPE to each essential employee and contractor during any given work shift for at least six months
b. Public employers must be able to mitigate supply chain disruptions to meet this requirement
3. Storage of, access to, and monitoring of PPE stock
a. PPE must be stored in a manner which will prevent degradation
b. Employees and contractors must have immediate access to PPE in the event of an emergency
c. The supply of PPE must be monitored to ensure integrity and to track usage rates
The Town Supervisor, Deputy Supervisor, and Highway Superintendent will distribute PPE to department personnel. All personnel will be issued masks and hand sanitizer, and the highway department will be given these as well as gloves. The town will order additional supplies from retail vendors and will coordinate with the Franklin County Department of Public Safety as needed for additional supplies.
Staff Exposures, Cleaning, and Disinfection
Staff exposures are organized under several categories based upon the type of exposure and presence of symptoms. Following CDC guidelines, we have established the following protocols:
A. If employees or contractors are exposed to a known case of communicable disease that is the subject of the public health emergency (defined as a ëclose contactí with someone who is confirmed infected, which is a prolonged presence within six feet with that person):
1. Potentially exposed employees or contractors who do not have symptoms should remain at home or in a comparable setting and practice social distancing for the lesser of 14 days or other current CDC/public health guidance for the communicable disease in question.
a. As possible, these employees will be permitted to work remotely during this period of time if they are not ill.
b. The Town Supervisor, or their designee shall be notified of exposures. The Town Supervisor and Highway Superintendent are responsible for ensuring these protocols are followed
c. See the section titled Documentation of Work Hours and Locations for additional information on contact tracing
2. CDC guidelines for COVID-19 provide that critical essential employees may be permitted to continue work following potential exposure, provided they remain symptom-free and additional precautions are taken to protect them, other employees and contractors, and our constituency/public. Current CDC/public health guidance shall be followed for other diseases.
a. Additional precautions will include the requirement of the subject employee or contractor, as well as others working in their proximity, to wear appropriate PPE at all times to limit the potential of transmission.
b. In-person interactions with the subject employee or contractor will be limited as much as possible.
c. Work areas in which the subject employee or contractor are present will be disinfected according to current CDC/public health protocol at least every hour, as practical. See the section on Cleaning and Disinfection for additional information on that subject.
d. If at any time they exhibit symptoms, refer to item B below.
e. The Town Supervisor is the decision-maker in these circumstances and is responsible for ensuring these protocols are followed
B. If an employee or contractor exhibits symptoms of the communicable disease that is the subject of the public health emergency:
1. Employees and contractors who exhibit symptoms in the workplace should be immediately separated from other employees, customers, and visitors. They should immediately be sent home with a recommendation to contact their physician.
2. Employees and contractors who exhibit symptoms outside of work should notify their supervisor and stay home, with a recommendation to contact their physician.
3. Employees should not return to work until they have met the criteria to discontinue home isolation per CDC/public health guidance and have consulted with a healthcare provider.
4. Unless there is a recommendation from the CDC/public health officials to do so, the Town of Brighton will endeavor to not over burden the testing system by requiring sick employees to provide a negative test result for the disease in question or healthcare providerís note to validate their illness, qualify for sick leave, or return to work.
5. CDC criteria for COVID-19 provides that persons exhibiting symptoms may return to work if at least 10 days have passed since symptom onset, and at least 24 hours have passed since the resolution of the last instance of fever without the use of fever-reducing medications, and other symptoms have improved. If the disease in question is other than COVID-19, CDC and other public guidance shall be referenced. CDC/public health guidelines for the current disease in question shall be followed.
6. The Town Supervisor shall be informed of any employees exhibiting symptoms consistent with the disease in question. The Town Supervisor and Highway Superintendent shall ensure these protocols are followed
C. If an employee or contractor has tested positive for the communicable disease that is the subject of the public health emergency:
1. Apply the steps identified in item B, above, as applicable.
2. Areas occupied for prolonged periods of time by the subject employee or contractor will be closed off.
a. CDC guidance for COVID-19 indicates that a period of 24 hours is ideally given before cleaning, disinfecting, and reoccupation of those spaces will take place. If this time period is not possible, a period of as long as possible will be given. CDC/public health guidance for the disease in question will be followed.
b. Any common areas entered, surfaces touched, or equipment used shall be cleaned and disinfected immediately.
c. See the section on Cleaning and Disinfection for additional information on that subject.
3. Identification of potential employee and contractor exposures will be conducted
a. If an employee or contractor is confirmed to have the disease in question, the Town Supervisor, supported by the Town Clerk and Highway Superintendent (or their designees) should inform all contacts of their possible exposure. Confidentiality shall be maintained as required by law.
b. Apply the steps identified in item A, above, as applicable, for all potentially exposed personnel.
4. The Town Supervisor shall be notified of any personnel testing positive for the disease in question. The Town Supervisor and Highway Superintendent will ensure these protocols are followed
We recognize there may be nuances or complexities associated with potential exposures, close contacts, symptomatic persons, and those testing positive. We will follow CDC/public health recommendations and requirements and coordinate with our local public health office for additional guidance and support as needed.
Cleaning and Disinfecting
CDC/public health guidelines will be followed for cleaning and disinfection of surfaces/areas. Present guidance for routine cleaning during a public health emergency includes:
1. As possible, employees and contractors will clean their own workspaces in the beginning, middle, and end of their shifts, at a minimum.
a. High traffic/high touch areas and areas which are accessible to the public/constituents will be disinfected at least hourly.
b. The Town Custodian and Highway Superintendent are responsible for the cleanliness of shared office quarters.
2. Staff tasked with cleaning and disinfecting areas will be issued and required to wear PPE appropriate to the task.
3. Soiled surfaces will be cleaned with soap and water before being disinfected.
4. Surfaces will be disinfected with products that meet EPA criteria for use against the virus in question and which are appropriate for that surface.
5. Staff will follow instructions of cleaning products to ensure safe and effective use of the products.
Employee and Contractor Leave
Public health emergencies are extenuating and unanticipated circumstances in which the Town of Brighton is committed to reducing the burden on our employees and contractors. The Families First Coronavirus Response Act provided requirements related to the COVID-19 pandemic, which form the policies outlined below. This policy may be altered based upon changes in law or regulation, as applicable.
It is our policy that employees of the Town of Brighton will not be charged with leave time for testing. Employees will be provided with up to two weeks (80 hours) of paid sick leave at the employeeís regular rate of pay for a period which the employee is unable to work due to quarantine (in accordance with federal, state, or local orders or advice of a healthcare provider), and/or experiencing symptoms and seeking medical diagnosis.
Further, the Town of Brighton will provide up to two weeks (80 hours) of paid sick leave at two-thirds the employeeís regular rate of pay if the employee is unable to work because of a bona fide need to care for an individual subject to quarantine (pursuant to federal, state, or local orders or advice of a healthcare provider), or to care for a child (under 18 years of age) whose school or child care provider is closed or unavailable for reasons related to the public health emergency, and/or the employee is experiencing a substantially similar condition as specified by the CDC/public health officials. This provision may be modified if an employee is able to effectively work remotely and the need exists for them to do so.
Additionally, the Town of Brighton will provide up to an additional 10 weeks of paid expanded family and medical leave at two-thirds of the employeeís regular rate of pay where an employee, who has been employed for at least 30 calendar days by the Town of Brighton, is unable to work due to a bona fide need for leave to care for a child whose school or childcare provider is closed or unavailable for reasons related to the public health emergency. This provision may be modified if an employee is able to effectively work remotely and the need exists for them to do so.
Additional provisions may be enacted based upon need and the guidance and requirements in place by federal and state employment laws, FMLA, executive orders, and other potential sources.
Contractors, either independent or affiliated with a contracted firm, are not classified as employees of the Town of Brighton, and as such are not provided with paid leave time by the Town of Brighton, unless required by law.
Documentation of Work Hours and Locations
In a public health emergency, it may be necessary to document work hours and locations of each employee and contractor to support contact tracing efforts. Identification of locations shall include on-site work, off-site visits. This information may be used by the Town of Brighton to support contact tracing within the organization and may be shared with local public health officials.
Attachment 1: Public Health Emergency Staff Contact Tracing Log will be used to track location and times in each location for each town employee. This information will be utilized in order to aid contact tracing if needed. Completed logs shall be forwarded daily to the Town Clerk for appropriate retention.
Housing for Essential Employees
There are circumstances within a public health emergency when it may be prudent to have essential employees lodged in such a manner which will help prevent the spread of the subject communicable disease to protect these employees from potential exposures, thus helping to ensure their health and safety and the continuity of the Town of Brightonís essential operations.
If such a need arises, hotel rooms are expected to be the most viable option. If hotel rooms are for some reason deemed not practical or ideal, or if there are no hotel rooms available, the Town of Brighton will coordinate with Franklin County Public Health Services office to help identify and arrange for these housing needs. The Town Supervisor shall approve these provisions, with the Town Clerk responsible for coordinating this support.
Attachment 1: Public Health Emergency Staff Contact Tracing Log
Name Time In/Out Location
Developed with support from Emergency Preparedness Solutions, LLCÆ