Another consideration as local economies reopen is that companies may face legal liability if they do not commit to assessing the effectiveness and safety of their return-to-work policies. For example:

Healthcare providers opening back up to non–life-threatening procedures and appointments could be found negligent if a patient contracts Covid-19 during one of those procedures. The healthcare providers most likely to be vulnerable to claims of risk management negligence will be those that cannot demonstrate the connection between their internal policies, the risks that might undermine these policies' effectiveness, and evidence that they have consistently implemented controls and follow-up monitoring.
Banks looking to reopen physical branches, where currency and paperwork frequently change hands (literally), will need to establish policies requiring social distancing, hand washing, and face coverings. Every branch location will need to collect evidence daily to prove that policies are being followed adequately. A bank that fails to collect evidence of controls' effectiveness may be unable to defend itself against claims of negligence.
Institutions of higher education are particularly likely to experience Covid-19 outbreaks because they are hotspots for physical contact among unrelated individuals. Students travel to and from campus, then share dormitory facilities. Libraries have students, faculty, and visitors continuously picking up and putting down items. And avoiding close physical proximity is virtually impossible in spaces such as cafeterias and classrooms. Colleges and universities may be liable if their policies for reopening campuses put students, teaching faculty, and administrators at risk of Covid-19.

In addition to these examples, companies in nearly every industry will face the prospect of employee and customer lawsuits over negligence in preventing the spread of Covid-19. Moreover, our see-through economy nearly guarantees that a poorly executed Covid-19 recovery will be exposed publicly. Businesses and brands that don't learn from the current situation may suffer backlash and brand damage that, when compounded with an already challenging business environment, could threaten their very survival.

Instant Insights /

3 Steps to Prepare for Reopening—and for Covid-19's Second Wave

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