With Ebola being headline news this fall, words like “quarantine” and “epidemic” are replacing the typical television show water cooler talk in the workplace. Now that there have been confirmed cases of the disease in the United States, employers are concerned about balancing efforts to prevent transmission of the disease with the rights of employees under various employment and labor laws.
The following are some practical questions to help Pennsylvania employers enhance their preparedness for handling Ebola in the workplace:
What is an “at-risk” workplace?
Generally, health care workers are the most “at-risk” for possible Ebola infection. The Occupational Safety & Health Administration (OSHA) has also identified several other employment sectors that it believes are at an increased risk including: laboratory workers, airline and other transportation personnel, emergency responders, and mortuary workers. To date, the United States has not issued any travel restrictions for business travelers visiting an affected area outside of the United States; however, the Centers for Disease Control and Prevention (CDC) has recommended that all “nonessential” travel to Liberia, Guinea, and Sierra Leone be avoided. Therefore, we do not believe that an employer can control what employees do with their own time off from work, but we also recommend that employers not require business travel to the areas identified by the CDC.
What workplace restrictions may be utilized to prevent and control an outbreak?
The Occupational Safety & Health Act of 1970 places a duty on employers to provide their employees with working conditions that are “free from recognized hazards”. Employers are prohibited from retaliating against employees for exercising their rights under this law. Thus, employers may not terminate employees who refuse to work with an individual who has traveled to an Ebola affected area if the employees reasonably believe there is imminent danger or harm to themselves.
The Americans with Disabilities Act (ADA) permits employers to make limited medical inquiries when such inquiries are “job-related and consistent with business necessity”. A policy requiring employees who have traveled to Ebola affected areas to notify the employer upon their return home may be permitted. However, a medical examination when such employee exhibits no symptoms would likely not be allowed. On the other hand, if an employee is actually diagnosed with Ebola, the privacy rights of that employee must be considered and employers should seek direction from legal counsel and the State or local Public Health Department prior to taking any action. State or local Health Departments work in conjunction with the CDC to investigate suspected cases and provide information and disease control guidelines to the general public.
What are some useful actions to take immediately?
For non-healthcare related workplaces, procedures in place for general office health and cleanliness are a good starting point. Make sure employees are utilizing proper hand hygiene and that you provide the necessary supplies. Also, promote an environment where employees are encouraged to stay home when not feeling well and require cleaning contractors or facilities managers to carefully and regularly clean common areas.
Additionally, the Department of Health and Human Services has prepared a checklist for businesses to utilize in preparing for a flu pandemic. We believe that it also is useful in planning for other transmissible diseases.
KingSpry’s employment law group is available to assist in developing or updating your business’ emergency preparedness policies.
The Eastern Pennsylvania Employment Log (EPELog) is a publication of the KingSpry Employment Law Practice Group. Jeffrey T. Tucker, Esquire, is our editor-in-chief. EPELog is meant to be informational and does not constitute legal advice.
