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OSHA, the Occupational Safety And Health Administration, has for several years promoted ways that workplaces can be made safer for employees during a pandemic.
They, along the the CDC and the HHS, have issued numerous pandemic guidance documents – none, albeit, with the force of law – but all with considerable weight, given the source.
While the Federal government hasn’t (as yet) decided to enforce these `recommendations’, that doesn’t let employers entirely off the hook.
There is, you see, a generic clause in the OSH act of 1970 which allows that:
Pursuant to the OSH Act, employers must comply with hazard specific safety and health standards as issued and enforced either by OSHA or by an OSHA-approved State Plan.
In addition, Section 5(a)(1) of the OSH Act, the General Duty Clause, requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.
On Pandemicflu.gov FAQ on workplace questions, the following is asked:
Answer:
It is possible, especially in cases where you knew about these health concerns and failed to take the appropriate action (i.e., reasonable steps to mitigate the possible affects including instituting social distancing, good hygiene and infection control practices in the workplace).
The Department of Labor's Occupational Safety and Health Administration has provided workplace safety and health guidance that will help employers prepare for an influenza pandemic.
I’m not a lawyer, nor am I inclined to give out legal advice, but I’d suggest that Employers and businesses might find it prudent to investigate their liability exposure before electing to ignore these guidelines.
As far as who should be preparing, this guidance has this to say:
The operative phrases being `all businesses and organizations' and `begin continuity planning for a pandemic now.'
While we may see a relatively mild pandemic, if it should result in a civil suit against you or your company, it could still turn out to be costly and perhaps even disastrous.
Now, while there is still some time before the flu ramps up in the fall, is the time to seriously begin looking at your liabilities, and ways to improve worker safety.
What Employers Can Do to Protect Workers from Pandemic InfluenzaDuring an influenza pandemic, transmission of the pandemic virus can be anticipated in the workplace, not only from patients to workers in healthcare settings, but also from customers and coworkers in general work settings. Employers can use a set of occupational safety and health controls referred to as the "hierarchy of controls" to reduce exposures to pandemic influenza in their workplaces. The types of control measures, listed from most effective to least effective, that may be used to protect yourself, your workers and your customers are:
- Engineering controls;
- Administrative controls;
- Work practices; and
- Personal protective equipment (PPE).
Worker Safety and Health Guidance for H1N1 Flu
The PDF file is called Guidance on Preparing Workplaces For an Influenza Pandemic. If you haven't read it yet, and begun to implement their advice, now is a good time to start.
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