The recent spread of the H1N1 flu virus and threat of a pandemic, along with the upcoming flu season, could cause major problems for business. You need to prepare your company for the challenges associated with these health concerns, such as employee absenteeism, interruptions in supply and delivery, and changes in commerce patterns.
“You need to be aware of the legal landscape facing your company because of issues created by the swine flu,” says Todd L. Sarver, member of the labor and employment counseling and litigation practice at McDonald Hopkins LLC. “You also must carefully plan for these problems in a way that limits future liabilities.”
A possible H1N1 pandemic could also create problems regarding employee leave. You need to review your current sick leave policies or develop new ones to account for a possible pandemic.
“Adjusting leave policies will encourage sick employees to take time off without fear of losing their jobs and reduce the remaining employees’ exposure to swine flu,” says Brendan Fitzgerald, associate in the labor and employment counseling and litigation practice at McDonald Hopkins LLC.
Smart Business spoke with Sarver and Fitzgerald about how to prepare for a possible H1N1 pandemic and how to deal with the problems a potential pandemic would cause your business.
What legal ramifications could you face as a result of a potential H1N1 pandemic?
The Occupational Safety and Health Act’s General Duty clause requires that you provide a safe and healthy work environment for your employees. This clause protects workers from the risks of the swine flu in their place of employment. OSHA has indicated that it will adjust its priorities in the event of a pandemic to ensure that employees are adequately protected from swine flu. Companies that violate this clause will be subject to monetary fines. Civil penalties of at least $5,000 per violation or up to $70,000 per violation will be assessed to companies that willfully or repeatedly violate this clause.
What precautions should you take to prepare your company for a potential pandemic?
OSHA has issued several guidelines to help you prepare for a potential swine flu pandemic. They are as follows:
- Develop and/or review a pandemic flu plan.
- Review sick leave policies.
- Work with employees to address leave, pay, transportation, travel, child care, absence and other HR-related issues.
- Purchase flu supplies, such as touchless garbage cans, alcohol-based soap/hand sanitizer, tissues and cleaning supplies.
- Provide employees with access to the latest flu information, including information about medical care and benefits.
- Implement a social distancing program to limit face-to-face contact between employees and customers.
- Develop a cross-training program to ensure continuity of essential functions.
In addition, employers need to have contingency plans in place regulating how they will staff their operations in the event of massive absenteeism.