We are a large (100-employee) school district public library. We are currently encouraging and educating employees on getting vaccinated, but not (yet) *requiring* vaccinations.
Over and over again, I am floored by the care, tenacity, and creativity of the libraries determined to provide services in a time of pandemic. New York's libraries just don't give up. This question shows the mechanics of that fighting spirit.
The governor announced that the vaccine rollout to public employees would be through our unions and health groups, but also said that WE need to prioritize who receives the vaccine first (based upon risk factors/comorbidities) since the supply is limited (as the governor mentioned in Friday's press conference) --it will probably take a few months to vaccinate every staff member who wants on
The member's caution shows how important it is to get this one right.
Before delving into it, I want to say: for public libraries with a union, this is one to confer with union leadership on.
For public libraries without a union, it will be good to think about not only your internal prioritization, but the messaging around it.
We are a private association library. There is a "difficult" patron who sits on a bench (almost everyday doing nothing but trying to talk to anyone nearby) which is immediately next to our front doors on library property. We are doing curbside pick-up so the staff places the library items immediately outside the front doors on a table. The patrons come to the table to pick them up.
The state's new paid sick leave law recently went into effect on September 30th. According to the state's website, eligibility requirements are as follows:
I wish I could reply to this excellent question with a plain "yes" or "no." But I cannot.
Why not? Because, while as the member points out, a public library's "type" is relevant to this question, what may also be relevant is how the employees are being paid. So answering this question requires a two-factor analysis:
New state guidelines list face shields as acceptable face coverings:https://regs.health.ny.gov/volume-1a-title-10/content/section-66-32-face-coverings [NOTE: This link was confirmed as no longer active and removed on 02/25/2022 as part of the routine review of "Ask the Lawyer" materials.]
This question came into "Ask the Lawyer" with a request for a quick turnaround, so we'll keep this brief.
Are we permitted to make our own safety rules?
Yes...and no.[1] But that doesn't matter for this question, because the member's real objective is...
We got lucky: an employee, who was asymptomatic at work but tripped one of the screening factors requiring him to stay home, was tested and found NEGATIVE for COVID-19.
Our employee is coming back to work, but I have been wondering...what if the test came back POSITIVE? If we have to quarantine all our employees, we'd be shut down completely!
First: that is good news about your employee.
Second: a gold star to your library for having a screening system that works, and for following the requirement to restrict an employee who trips a screening factor from on-site work while waiting for test results.
Third: Let's talk about your alternate scenario (the one where you don't get such good news).
In regards to COVID-19 when libraries do reopen, (and allow people in) is it advisable to ask customers to leave the public building if they are exhibiting any visible COVID symptoms? If so, are there benchmarks for how extreme symptoms should be or how policies should be worded?
As the member writes, it is very difficult to determine if some physical factors—coughing, a flush, seeming malaise—are in fact symptoms of COVID-19. Confronting a patron with suspected symptoms can also lead to concerns impacting community relations, privacy, and the ADA.
Our library has taken the next step in re-opening and is welcoming the public back into our building. We have a Safety Plan, and we have posted signage in key areas to help the public follow our safety practices, including staying at least six feet apart whenever possible, and every visitor using hand sanitizer upon entry and (if over the age of two) wearing face coverings at all times.
Can a library prevent someone from coming into the library if they refuse to wear a mask? I know that library behavior policies would need to be broadened to include mask-wearing. Are libraries required to provide a mask for the public - and what if a person wears the mask improperly - can they be asked to leave?
New York has numerous “types” of libraries, serving a diverse array of locations. All of them are empowered to take the steps needed to serve their communities safely.
Our library is considering adding a circulating telehealth kit to our collection for patron use. With the pandemic and telemedicine being the current norm, the goal is to fill a perceived need within our community. The proposed kit would include medical supplies including a blood pressure cuff, pulse oximeter, a forehead thermometer, and a bag to hold the equipment.
I love learning about new assets communities can access through their library. Tools, ties, seeds, toys…this list is endless.
