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Preparing for a Potential Swine Flu Outbreak

With the recent increase in the number of Influenza A (H1N1) (Swine Flu) cases in Mexico and the United States, many employers are receiving questions from their employees regarding what the employer is doing to prevent an outbreak of swine flu in their workforce. When addressing these concerns and preparing for a potential outbreak of swine flu, we suggest employers utilize a common sense approach, which includes the following.

• Assure employees that the company is monitoring the situation. Employers can find information regarding the swine flu through numerous online sources, including The World Health Organization ("WHO") and Centers for Disease Control and Prevention ("CDC"). Inform employees that you will take all necessary steps to protect their health and safety.
• Review the company's preparedness plan. Ideally, employers should have a team that is familiar with the company's preparedness plan. This team should review the preparedness plan and adjust the plan as needed to this particular situation. We encourage employers who do not have a preparedness plan to consult recent guidance prepared by the Occupational Safety and Health Administration ("OSHA").
• Remind employees of good health habits. Employers should encourage employees and their families to take the following steps: cover mouth and nose with tissue when coughing or sneezing; wash hands frequently; avoid touching eyes, nose, or mouth; get plenty of sleep; and drink plenty of fluids. If any flu-like symptoms are experienced by employees or family members, they should be encouraged to seek medical attention immediately and not report to work. Employers may also want to download and circulate the free resources published by the CDC.
• Reinforce healthy habits in the workplace. Post reminders throughout the office and work spaces reminding employees of hand washing and other ways to prevent the spread of germs. Employers should fully stock washrooms and other such facilities with tissues, towels, and soap. Work with your cleaning service to schedule more frequent and thorough cleanings of your workplace.
• Review pending and planned corporate travel. Both WHO and CDC have issued travel advisories to and from Mexico, which have affected the United States as well as other countries. Review any corporate travel you have pending, and plan to determine whether it is appropriate to suspend such travel.
• Review attendance, leave, vacation, and PTO policies. Traditional attendance policies are designed to penalize employees who are absent or tardy. However, if there is a flu outbreak, employers likely will not want sick or infected employees reporting to work. Accordingly, employers may want to adjust these policies temporarily if a swine flu outbreak does occur and continue to encourage employees to seek immediate medical attention should they experience any flu-like symptoms.
• Review and update your telecommuting policies. In the event that employers are forced to shut down their business premises, they should be prepared to allow employees to work from home to continue business operations. In conjunction with updating telecommuting policies, employers should prepare backup staffing and production strategies if they are forced to continue operations with a limited staff.

Members of Godfrey & Kahn's Labor & Employment Practice group can assist you with any questions you may have regarding this issue or any other employment issue.