By: Melanie Berkowitz, Esq.
The recent outbreak of Influenza A virus H1N1, more commonly known as “swine flu,” has created concern and confusion across the globe as health professionals and government officials race to address the threat without creating worldwide panic. On April 29, 2009, the Worldwide Health Organization (WHO) raised the pandemic threat level to its highest level of five, which is a “strong signal that a pandemic is imminent and that the time to finalize the organization, communication, and implementation of the planned mitigation measures is short.”
Employers are rightly concerned about how to protect their employees while at the same time continuing to run their businesses. Mexico, the suspected origin of the virus, has instituted a five day cessation of most business functions in an effort to stem the spread of disease -- at the projected loss of millions of dollars in profits and income.
While no one wants to think that such drastic containment measures might be necessary in the United States, it is probable that this country will see at least temporary changes to the way schools, businesses and other infrastructures operate before the threat has passed.
How should employers address questions and concerns about flu in the workplace? What are some of the policies employers should have in place to help keep employees safe and healthy both during a pandemic and year-round?
As with any crisis, common sense and thoughtful planning is key. The Centers for Disease Control (CDC) has instituted a website to inform and educate individuals about the swine flu. Another helpful source is the government’s pandemic flu website. Employers should be prepared to address a number of different workplace issues that are likely to arise if the disease spreads as expected.
What is Swine Flu?
According to the CDC, Swine Influenza (swine flu) is a respiratory disease caused by type A influenza viruses that causes regular outbreaks in pigs. The CDC has determined that the current virus (H1N1) is contagious and is spreading from human to human.
The symptoms of swine flu in people are similar to the symptoms of regular human flu and include fever, cough, sore throat, body aches, headache, chills and fatigue. Some people have reported diarrhea and vomiting associated with swine flu. It is possible for a person to spread swine flu a day or two before he or she starts showing symptoms and for up to a week afterwards.
Preventing the Spread of Swine Flu (or any illness) in the Workplace
Although Swine Flu’s rapid appearance and seeming overnight spread around the country has differentiated it from other seasonal illnesses, the CDC recommends individuals take similar precautions to prevent the spread of the disease as those that are effective against other forms of influenza and communicable diseases:
- Frequent hand washing using antibacterial soap and water, or an alcohol based anti-bacterial gel
- Using one’s elbow or a tissue to cover coughs and sneezes
- Remaining at home at the first sign of illness
- Avoiding touching one’s mouth and nose
- Trying to avoid close contact with infected people
Employers should communicate these recommendations to employees at the beginning of influenza season every year and again in a special communication as part of its pandemic policy whenever there is the threat of pandemic virus. There are additional steps employers should take to help prevent the spread of illness in the workplace:
- Insure employees have access to hand washing facilities and/or anti-bacterial gels as well as tissues.
- Post flyers in employees’ native languages about good hygiene practices. Flyers are available at the CDC website.
- Common workplace locations, particularly those touched by numerous employees (doorknobs, light switches, common tools or equipment, bathrooms) should be disinfected as regularly as possible.
- Encourage temporary “social distancing” in the workplace. As explained by the Occupational Safety and Health Administration, this means reducing the frequency, proximity, and duration of contact between people (both employees and customers), whenever possible.
Workplace Issues
If they have not already done so, employers should draft a crisis policy that covers pandemic illness. Ideally, such a policy should also include procedures for addressing such emergencies as natural disasters and terrorist attacks. The Federal government’s website has a comprehensive checklist for businesses to follow when implementing a pandemic policy. The following are some of the items to be addressed by such a policy:
Absenteeism
Increased absenteeism is likely during a pandemic, whether from workers who are actually or suspected to be sick, those who have family members who fall ill or who must care for children whose schools are closed, or from employees who elect to stay at home as a preventative measure. Employers should consider whether to relax their absence policies during the crisis and also have a plan to maintain critical business operations with a reduced workforce.
Education
Early identification of ill individuals is key to reducing the spread of contagious diseases. A workplace pandemic policy should educate employees (in their native language) about the signs and symptoms of the virus and urge employees to stay home if they believe they are sick – or if a family member is sick. It should also provide for immediate exclusion or quarantine of employees who display influenza symptoms (such as immediate mandatory sick leave).
Interruption or Alteration of Business
A workplace pandemic policy should address changes to the business environment that are necessary in times of a pandemic. Temporary changes might include:
- Increased telecommuting by employees
- Suspension of foreign or domestic travel
- Increased use of teleconferencing as a means of communication
- Alteration of worksites and shared workspaces to decrease physical contact
- Strategic planning for continuation of business in the absence of key employees and/or reduced access to critical materials, equipment or delivery routes
- Development of scenarios in response to changing demand for your products and/or services during a pandemic, such as restrictions on mass gatherings or an increased need for hygiene supplies.
Whether or not the current influenza crisis becomes a full-blown and widespread pandemic, employers should work now to develop a comprehensive plan to address the issues of pandemic disease in the workplace. As recent events have shown, rapid response and education can go a long way toward helping contain contagious disease. Even in the absence of a pandemic, good workplace hygiene practices can reduce absences and work stoppages from seasonal illness as well.