DHHS Declares Public Health Emergency and Recommends
Employer Precautions
The Department of Health
and Human Services (DHHS) has issued a formal
declaration of public health emergency in
response to recent human infections with a newly
discovered swine influenza A ("swine flu")
virus. To date, there have been confirmed cases
of swine flu in at least five states, while the
World Health Organization has reported confirmed
cases in several other countries around the
world. DHHS Secretary Charles Johnson has stated
that "the declaration allows us the flexibility,
while we learn more about the virus and its
impact in the United States, to take additional
steps to fully mobilize our prevention,
treatment and mitigation capabilities should
those actions become necessary."
Swine flu is a respiratory
disease of pigs caused by Type A influenza.
Swine flu viruses do not normally infect humans;
however, human infections with swine flu do
occur, and cases of human-to-human spread of
swine flu viruses have been reported. The
symptoms of swine flu in people are similar to
the symptoms of regular human seasonal flu and
include fever, cough, sore throat, lack of
appetite, lethargy, body aches, diarrhea,
vomiting, chills and fatigue.
In order to reduce the
risk of employees becoming infected during an
outbreak of any type of influenza, employers
should educate and train employees in proper
hand hygiene, cough etiquette and social
distancing controls. Specifically, the Centers
for Disease Control and Prevention (CDC)
recommend the following basic hygiene and social
distancing precautions for the workplace:
- Employees should cover their noses and
mouths with a tissue when they cough or sneeze.
Employers should provide customers, employees
and the public with tissues, trash receptacles
and a place to wash or disinfect their hands.
- Employees should wash hands often with soap
and water, or use alcohol-based hand cleaners.
- Employees should avoid touching their eyes,
noses or mouths.
- Employers should encourage sick employees to
stay home.
- Employees should avoid close contact with
their coworkers and customers (maintain a
separation of at least six feet).
- Employers should keep work surfaces,
telephones, computer equipment and other
frequently touched surfaces and office equipment
clean. Discourage employees from using other
employees' phones, desks, offices or other work
tools and equipment.
- Use email, phones and text messages to
communicate with each other. When meetings are
necessary, avoid close contact and assure that
there is proper ventilation in the meeting room.
- Employees should practice good health
habits (e.g., get plenty of sleep, be physically
active, manage stress, drink plenty of fluids,
and eat nutritious foods).
In the event of an
influenza pandemic (i.e., a global outbreak that
affects multiple areas of the United States and
occurs in waves for an extended period of time),
workplaces are likely to experience substantial
absenteeism (up to 40% of workforce) and
significant interruptions in supply and delivery
of goods. Although there is currently no
pandemic, the Occupational Safety and Health
Administration has developed pandemic influenza
planning guidelines based upon traditional
infection control and industrial hygiene
practices. Helpful, up to date information,
guidelines and checklists are available for
employers at www.pandemicflu.gov.
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all matters labor and employment, and beyond.
For assistance with any labor or employment
issue, please contact your Baker Donelson
attorney or any of our nearly 70 Labor &
Employment attorneys in the Firm's Labor &
Employment Department, located in Birmingham, Alabama;
Atlanta, Georgia; Baton Rouge, Mandeville and New Orleans, Louisiana;
Jackson, Mississippi;
and Chattanooga, Johnson City, Knoxville, Memphis and Nashville, Tennessee.
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