With the H1N1 virus (swine flu) continuing to cause illness, hospitalizations and deaths in the U.S. during the normally flu-free summer months and some uncertainty about what the upcoming flu season might bring, employers should take action to educate employees and prepare for the impact of a swine flu outbreak in the workplace. It may seem easiest, particularly during these tough economic times, to defer planning for a pandemic that may not occur. It is prudent for all employers to take precautionary steps now because it is virtually impossible to develop and effectively implement a plan under crisis conditions.
In a survey conducted by SHRM from April 29 through May 5, 2009, 462 randomly selected HR professionals from SHRM’s membership, were asked, “What, if anything, is your organization doing or planning to do to reduce the spread of the H1N1 virus in the workplace?” Here are some of the top strategies:
- Monitoring the H1N1 virus situation by following the guidance from the Centers for Disease Control and Prevention (CDC), the World Health Organization (WHO), etc. = 70%
- Educating employees on flu prevention measures = 63%
- Developed an employee communication strategy related to the H1N1 virus = 57%
- Making hand sanitizer, other disinfectants, masks and other flu prevention tools readily available across the organization = 54%
- Frequently disinfecting common areas in the office = 52%
With the possibility of a significant portion of the workforce being absent due to illness or caring for ill family members, it is important that employers be able to take care of their employees while continuing business operations. Twenty-four percent of the respondents in the SHRM poll stated that they were planning on setting up telecommuting options for employees if there is an H1N1 outbreak in their local area/region.
Employers must balance their obligation to maintain a safe workplace with other legal obligations. Employers must take into consideration that many employees will be eligible for FMLA leave, other contractually based leave rights, and protection under federal and state disability and benefit protections. Whistleblower protections under benefit laws, safety regulations, and discrimination laws may be raised.
Additionally, swine flu may be compensable under state workers’ compensation laws if the employee’s job exposes him or her to a greater risk of contracting the condition than the risk to which the general public is exposed, and the employee’s job duties caused him or her to contract the condition. If an employee with swine flu believes that it is work-related, employers should have the employee fill out an accident report, the employer should promptly submit the information to its workers’ compensation carrier for further investigation.
In order to avoid company liability during an H1N1 outbreak, managers on the front line will especially need the education and support of the executive team and human resources personnel to handle a much wider range of employment law issues.
As an employer, waiting until an H1N1 crisis occurs is waiting too long. By waiting, an employer will miss the opportunity to take proactive preventative steps. The time to prepare is now.
Online Resources on Swine Flu:
www.pandemicflu.gov/ one-stop access to U.S. Government avian and pandemic flu information
www.cdc.gov/ the Centers for Disease Control and Prevention website
www.who.int/ the World Health Organization website
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