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Dear Littler: I just learned that one of our employees has measles. He works on a floor with 20 colleagues in an open office seating arrangement. Can I tell other employees why he is away so they can get tested or monitor their own health? Can I demand from them that they receive the measles vaccine?
– Feeling hurt in Poughkeepsie
Dear Peaked,
Excellent question. Given the recent measles outbreaks in the country, this is a very relevant and timely concern. Since the beginning of 2019, the Center for Disease Control (CDC) has confirmed more than 400 cases of measles. These cases include outbreaks – or three reported diagnoses or more – in California, Illinois, New Jersey, New York, Texas and Washington. Even the US Congress has been involved, on February 27, 2019, with the hearing on the measles epidemics organized by the House Committee on Energy and Commerce Subcommittee on Monitoring and Investigations. representatives.1. After 26 weeks of a measles epidemic in the suburbs of New York, we went so far as to ban non-public places to unvaccinated minors.2 Keeping these public health concerns in mind, we will address what can make an employer to learn the diagnosis of measles from an employee and determine if it is possible to request vaccination.
Employee privacy and next steps after a measles diagnosis
Once you learn that an employee has been diagnosed with measles, you can take steps to help protect yourself. A first step is to contact your local public health department for advice on how to handle the situation. Your local public health unit can be an important source of information on how the disease is transmitted and how to protect the employee with measles and other potentially exposed employees.
You must also remember that employees' right to privacy under the Portability and Health Insurance Accountability Act, 1996 (HIPAA) stipulates that health professionals and health service corporations protect the identity of a patient's health status.3 Even if you are not directly covered by the HIPAA, should be very careful about whether and how you notify other employees of the situation. It is possible that measles is considered a "disability" under the Americans with Disabilities Act (ADA) and / or national and local ADA laws (particularly those whose definition of disability "is even wider than that of the ADA – like yours in the state of New York). In turn, these laws may limit the disclosure of the fact that a particular employee is suffering from measles. The local public health service may also be able to provide guidance on the need, scope and content of the notification. According to the CDC, measles is highly contagious to those who are not immune to the virus:
It can be transmitted to others by coughing and sneezing. In addition, the measles virus can live for up to two hours in an airspace where the infected person coughs or sneezes. If other people breathe contaminated air or touch the infected surface and then touch the eyes, nose or mouth, they may become infected. Measles is so contagious that if someone is infected, nearly 90% of their non-immune relatives will also be infected.
Infected persons can transmit measles to other people four days before and four days after [badociated] the eruption appears.4
At a minimum, if you decide to warn employees that they may have been exposed to measles so that they can attempt to minimize the risks of exposure and / or request a medical evaluation and / or treatment, you do not have to identify the person diagnosed. Instead, an employer can inform employees that he or she has been told that measles has been diagnosed in someone at the workplace and that the company is aware of it and follows the recommended medical guidelines. To reduce the risk of panic, employers should only provide scientific and medical information about the disease, including what employees can do to reduce the risk of infection. Since no specific OSHA standard is applicable in the event of a measles outbreak, OSHA does not require notification to other exposed employees.
Regarding the time off, do not forget that federal provisions relating to the ADA Act and the Family and Medical Leave Act may apply here, depending on the situation, in addition to national or local laws. In practice, the sick employee will likely have to be away from work during his / her treatment and recovery, and the employee may or may not have paid time off. If the employee does not have a PTO, he should be encouraged to work with human resources to find a way to limit further exposure to co-workers during his recovery, by working out his home or taking unpaid leave.
To be particularly careful, you can allow employees who fear having been exposed to measles or who feel uncomfortable going to the office during the infectious period to take a PTO 's. they wish it. In fact, if the employer is informed that another employee has a medical deficiency that compromises his immune system so that exposure to measles can create a "direct threat" of harm to him. Employee, it may be necessary the interactive process to determine the nature of the medical status of the employee and his need for adaptation. It will probably make sense to put these employees out of work (or to allow them to work from home) while waiting for the interactive process. Employers must also ensure that they do not take any adverse employment action against employees who are diagnosed with measles because of this diagnosis and / or any need for badociated leave, as many laws protect employees from discrimination. because of health problems or certain types of leave requests. .
Can employers impose vaccination?
Requiring employees to be vaccinated against measles can be a problem if your employees are not working in a health facility or with vulnerable populations. There are considerations of privacy, disability and religious discrimination in immunization that make it difficult to answer this question. At the very least, and especially if you do not know if employees have been vaccinated against measles, you can inform them about the medical facts regarding the transmission and treatment of measles. Employers can provide a CDC fact sheet and rebadure employees that sick people will stay out of the office until their return is authorized.
To encourage employees to be voluntarily vaccinated, employers can report that the measles vaccine is safe and effective, with links to CDC information. In addition, companies may point out that measles vaccine within 72 hours of exposure can prevent a person from getting sick. This information should reduce the risk of panic and ensure that anyone who feels exposed to the disease feels empowered to protect their own health. Some employers go even further and offer to organize vaccinations at the workplace and / or to pay for the vaccinations of employees.
As mentioned, employers who provide health care services or serve a particularly vulnerable population will have different needs and considerations with respect to employee notifications and vaccinations, but imposing vaccinations is always a delicate matter.5 it does not appear that these special commercial considerations apply this case.
In short, once you have been informed that an employee is suffering from measles, make sure to contact the local public health department first and make sure the diagnosed employee has a treatment plan and enough time to recover from work. An announcement to colleagues who might have come into contact with the affected person may then be appropriate to explain that the company is aware of the diagnosis and takes appropriate measures to ensure the safety of other employees. This announcement should contain appropriate links to medical information on measles prevention and diagnosis so that employees have the information – and motivation – to support their health decisions about immunization and immunization. treatment. With these steps and a liberal PTO grant, where applicable, employers can help minimize risk and help employees stay healthy.
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