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School Opening=20
Rings
Swine Flu=20
=
Alarm |
Schools across =
North America=20
are opening soon. Health officials are warning =
that as=20
children and young adults pack into schools and=20
colleges... the H1N1 virus (also called the =
swine=20
flu) will spread among students and to=20
adults.
This will mean =
that an early=20
fall
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Legal Risks and=20
Considerations
![](3D"http://www.bizactions.com/content/images/gavel%20book%20med.jpg"=20)
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Q. How might the =
spread of flu=20
and other diseases in the workplace create =
legal=20
issues?
A.=20
There are at least four areas in which the =
spread=20
of flu and other contagious diseases can =
create=20
legal issues for employers.=20
Take employees' legal protections into =
consideration. Employees with =
health=20
problems are protected from discrimination =
by laws=20
in the U.S. and Canada. Before denying =
employees=20
access to the workplace or before sending=20
employees home because of fears of flu or =
other=20
disease exposure, consult with your =
attorney about=20
your (1) obligations to provide a safe =
workplace=20
for your employees, and (2) your legal =
obligations=20
not to discriminate against employees with =
health=20
problems.=20
Leave rights. Family and =
medical=20
leave laws (at the federal and state =
levels), and=20
employers' paid leave policies may give =
many=20
employees protections when taking leave to =
deal=20
with their own serious health =
condition=20
or with the serious health =
conditions of=20
family members. (Not all cases of flu meet =
the=20
legal definition of a serious health=20
condition, so in making decisions =
regarding=20
granting or denying leave under family and =
medical=20
leave laws consult with an attorney =
familiar with=20
such laws.)=20
Keep an employee's health status=20
private. Employers have an =
obligation to=20
keep knowledge of an employee's health =
status=20
private. Be cautious about taking actions =
that=20
reveal an employee's private health status =
and=20
medical information. Consult with an =
attorney=20
before taking action that might reveal an=20
employee's health status.=20
Review business insurance policies and =
coverage. Consult with your =
insurance=20
agents and carriers to determine workers=20
compensation coverage if some employees =
become ill=20
because of exposure to the disease while =
working.=20
State workers comp law differs from=20
state-to-state. However, employees who =
contract an=20
illness because of exposure in the =
workplace may=20
qualify for workers comp benefits, =
depending on=20
state law. Consult with an attorney about =
such=20
risks in your state.=20
Also =
consult with=20
insurance agents and carriers regarding =
your=20
company's property and business =
interruption=20
coverage that might be affected by a flu=20
=
pandemic. | swine flu =
season will=20
most likely hit in workplaces across North =
America. It=20
will spread well in advance of the arrival of =
the=20
seasonal winter flu that =
normally=20
begins striking in late fall and early=20
winter.
Health =
officials are=20
warning that this year there will be=20
two distinct flu season =
threats. The=20
first is the arrival of the swine flu in late =
summer and=20
early fall. The second is the arrival of the =
normal=20
seasonal winter =
flu.
Employers and =
employees=20
need to prepare now to deal with this =
double-whammy of=20
flu symptoms and sickness.
Seasonal winter =
flu kills=20
about 36,000 people in the United States each =
year and=20
at least 200,000 people are hospitalized because =
of=20
seasonal flu each year. Seasonal flu severely =
affects=20
mostly older people and the already ill. In =
contrast,=20
the H1N1 virus (swine flu) attacks people of all =
ages,=20
with children especially and initially at=20
risk.
The World Health =
Organization=20
has declared the swine flu outbreak a pandemic.=20
According to the Center for Disease Control and=20
Prevention, there have already been more than =
350 swine=20
flu deaths in the U.S. this year. And =
hospitalizations=20
caused by swine flu complications are past 5,500 =
in the=20
U.S. Officials estimate more than 44,000 swine =
flu cases=20
in the U.S. at the end of July.
The health =
officials are=20
predicting that up to 40 out of 100 Americans =
could get=20
swine flu and that several hundred thousand =
Americans=20
could die from the disease in the next 18 months =
without=20
successful use of a vaccine and taking other =
aggressive=20
measures.
Vaccination,=20
first line of defense. The first action =
to take=20
to safeguard against getting either or both =
forms of the=20
flu is to get vaccinated. Unfortunately, a =
severe=20
shortage of swine flu vaccine is expected... =
meaning=20
many people in the workplace will have to wait =
to get=20
vaccinated against the H1N1 swine =
flu.
In addition, the =
two=20
different types of flu will require two =
different types=20
of vaccinations. So even if and when a person is =
vaccinated for one type of the flu, the person =
will need=20
to get vaccinated for the second type of =
flu.
Another =
complication is the=20
resistance of young people to getting vaccinated =
for the=20
swine flu. That's because older people are the =
most=20
likely to experience complications from seasonal =
flu, so=20
younger people and children generally have not =
seen the=20
need to get the seasonal flu vaccine. But the =
swine flu=20
is an equal-opportunity disease that attacks =
people of=20
all ages. In addition, swine flu is more =
dangerous than=20
seasonal flu. Most seasonal flu viruses stay in =
the nose=20
and throat, but the H1N1 virus replicates better =
in the=20
lungs and also can cause gastrointestinal =
effects. So=20
younger people and children need the protection =
that the=20
swine flu vaccine will give.
Initially, at =
least, vaccine=20
for swine flu is in short supply. At this point, =
pregnant women, people who live with or care for =
children younger than six months of age, health =
care and=20
emergency services personnel, and =
school-age=20
children will be among the first to receive the =
swine=20
flu vaccine.
Your Questions=20
Answered
Q. What is swine (H1N1)=20
flu?
H1N1 influenza, also =
called=20
swine flu, is caused by a new flu virus that =
is a=20
combination of human, avian and swine viruses. =
The=20
symptoms and how the flu affects humans are =
similar to=20
those of other forms of common or seasonal=20
flu. Q. How=20
serious might the spread of H1N1 flu =
be?=20
Currently, it appears =
this new=20
form of the flu is similar to the common or =
seasonal=20
flu. Symptoms include a fever, cough, sore =
throat,=20
body aches, headaches, chills and fatigue. In =
some=20
instances, symptoms can include vomiting or =
diarrhea.=20
The H1N1 flu virus spreads in ways similar to =
seasonal=20
flu. Flu viruses spread mainly from person to =
person=20
through coughing or sneezing by people with =
the flu.=20
People also can become infected by touching =
something=20
with flu viruses on it and then touching their =
mouth=20
or nose.
Q. What could the impact on our =
business=20
be if this H1N1 "bug" hits our employee=20
population?
Because humans have not =
built=20
up a natural immunity to this new virus, if =
the H1N1=20
flu virus strikes your employee population it =
could=20
spread faster and to more individuals than =
happens in=20
the common seasonal winter flu season. =
Vaccination of=20
employees could, of course, slow down the=20
spread.
What's an=20
Employer to do?
Q. What preparations should we =
make to=20
prevent the spread of colds, flu, and similar =
illnesses=20
in our workplace?
Following are steps =
businesses=20
and organizations and their employees can take =
to cut=20
the spread of communicable diseases in the=20
workplace:
Get vaccinated. When vaccine for =
the swine=20
flu is available, health professionals recommend =
that as=20
many people as possible get the vaccination. =
Also,=20
people should consider continuing to get the =
vaccination=20
for the regular seasonal winter =
flu.=20
Begin working from home. Begin or =
expand on=20
at-home work, telework, and teleconferencing as =
ways to=20
separate and isolate employees. Encourage all =
employees=20
whose work permits to regularly work from home =
=96 once a=20
week, for example, or for two- or three-day =
periods each=20
month. Why? So that they can transition to =
full-time=20
remote employment if and when a severe flu or =
other=20
illness sweeps through the =
community.=20
Cross-train employees. Cross-train =
as many=20
employees as possible, especially employees =
doing=20
critical tasks. This will increase the chance =
that=20
employees can fill in for each other when some =
employees=20
are absent because of the flu.=20
Outsource work. Identify jobs and =
work that=20
you can outsource.=20
Identify essential functions. =
Identify=20
essential functions and jobs and develop a plan =
to keep=20
these essential functions going and keep these =
essential=20
jobs filled with 30 percent to 40 percent =
fewer=20
people.=20
Battle the spread of flu virus and other =
disease=20
"bugs."=20
NOTE: The Trades =
Union=20
Congress (TUC), in its advice to employers and =
unions in=20
Great Britain, has cautioned against use of =
facemasks.=20
The TUC General Secretary Brendan Barber said, =
"There is=20
no evidence that the use of... disposable masks =
in most=20
workplace situations would have any effect on =
the spread=20
of the virus and it is likely that people might =
feel=20
that if they wear such protection they can come =
into=20
work even if they are ill. This could lead to an =
increased risk."
Promote healthy habits. Encourage =
employees=20
to practice normal healthy hygiene, cleanliness, =
and=20
illness prevention habits. Following are =
examples:=20
- Wash hands with soap often, especially =
after=20
touching public handrails, doorknobs, and =
elevator=20
buttons, and after using the restroom.
=20
- Keep hands away from the face, especially =
away=20
from the eyes, nose and mouth.=20
- Do not come to work when ill.=20
Assure job security. Discourage =
employees=20
from coming to work while they are ill. Assure =
employees=20
of job security while actively discouraging =
employees =96=20
even prohibiting employees =96 from coming to =
work while=20
ill. Beef up your paid sick leave, paid time =
off, and=20
paid vacation benefits. Urge employees to bank =
some of=20
their paid leave for use in an illness=20
emergency.=20
Adopt a generous leave benefit =
policy.=20
Prepare a quarantine benefit policy in advance. =
Consider=20
providing paid leave to employees who are absent =
from=20
work because of a quarantine imposed by civilian =
and/or=20
health authorities.=20
Cut in-person meetings. Replace =
in-person=20
meetings, especially those requiring travel, =
with=20
video-conferencing and e-conferencing.=20
[NOTE: =
Information and=20
guidance in this story is intended to provide =
accurate=20
and helpful information on the subjects covered. =
It is=20
not intended to provide a legal service for =
readers'=20
individual needs. For legal guidance in your =
specific=20
situations, always consult with an attorney who =
is=20
familiar with employment law and labor=20
issues.]
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