H1N1 Virus Highlights Need for Communicable Disease Policy

On June 11, 2009, the World Health Organization (WHO) raised the worldwide pandemic alert level to Phase 6 in response to the ongoing global spread of the novel influenza A (H1N1) virus. A Phase 6 designation indicates that a global pandemic is underway.

The spread of the H1N1 virus in your workplace is a real threat. Are you prepared? As an employer, you are responsible for providing and ensuring a healthy working environment for your employees.

At the very least, you need a workplace communicable disease policy requiring employees to notify the company of any possible exposure to certain diseases. This will allow you to take proactive preventive measures against the spread of the disease. Since medical disclosures are governed by the Americans with Disabilities Act (ADA), you must ensure that the policy meets the requirements of the ADA. Employers should also ensure that employee health information is kept confidential as required by HIPAA. As part of your communicable disease policy, employees may have reduced working hours, work from a remote location and/or be removed from nonessential job duties until they are no longer contagious.

Other Considerations:

Travel and Quarantine Policies

Employee travel must comply with all advisories from the CDC and U.S. Department of State. As a result, those who are traveling to areas with current communicable disease outbreaks must obtain all recommended vaccinations and follow all health recommendations.

If an employee travels to a region of the world for which he/she must be quarantined upon arrival back to the U.S., he/she should notify the employer immediately to arrange for telecommuting or paid leave.

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