eTrends - Updated Guidance from the EEOC and OSHA on Pandemic Influenza Preparedness

The Equal Employment Opportunity Commission (“EEOC”) and the Occupational Safety and Health Administration (“OSHA”) recently published updated guidance on best practices for employers during a pandemic influenza outbreak.

The EEOC guide provides information on how employers can manage their workforce during a pandemic influenza outbreak, while maintaining compliance with the Americans with Disabilities Act (“ADA”). Employers may be particularly interested in the EEOC’s guidance providing that employers may require employees who display influenza-like symptoms to stay home and may ask employees if they are experiencing influenza-like symptoms when they call in sick. The EEOC also suggests that employers consider encouraging employees to get the influenza vaccine, but warns that some employees may be entitled to an exemption from any mandatory vaccination requirements. The EEOC publication also includes a sample ADA-compliant survey that employers may use to forecast absenteeism levels in the event of an influenza outbreak in the workplace.

The OSHA guidance provides information on policies and practices designed to protect employees against the H1N1 influenza A virus. Of special value to employers are OSHA’s suggestions for practices that will reduce employees’ risk of exposure to the virus in the workplace and for managing employees who exhibit symptoms of influenza while at work. Employers would be well-advised to follow OSHA’s guidance for limiting such exposure, as employers have an obligation under OSHA to provide employees with a workplace free from recognized hazards that are likely to cause death or serious physical harm.

The EEOC publication may be found at: http://www.eeoc.gov/facts/pandemic_flu.html.
The OSHA publication may be found at: https://www.osha.gov/Publications/influenza_pandemic.html

Employment, Labor and Human Resources

Employee Benefits and Compensation

Environmental Health and Safety

Government Contracting

Privacy

  • Alicia A. Gilleskie agilleskie@smithlaw.com
  • Frederick R. Zufelt fzufelt@smithlaw.com

Smith Anderson publishes eTrends periodically as a service to clients and friends. The purpose of this eTrends is to provide general information about a significant legal development in the field of employment law. Readers should be aware that the facts may vary from one situation to another, so the conclusions stated herein may not be applicable to the reader’s particular circumstances.

Reproduction in whole or in part is permitted
when credit is given to Smith Anderson.
©Copyright Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P. 2012
http://www.smithlaw.com

Jump to Page

This website uses cookies to enhance your browsing experience and improve functionality. To learn more, you may view our Privacy Policy. By continuing to browse Smith Anderson's website, you are accepting our use of cookies in accordance with our privacy policy.