Ebola: Protecting Yourself,
Your Workplace,
and Your Employees
Laura Reilly O'Hara
Monica A. Velazquez
Dr. Scott W. Yates, MBA, MS, FACP
Strasburger & Price, LLP
Strasburger
& Price, LLP
Founder and President of the Center for
[email protected]
[email protected]
Executive Medicine
www.texasmed.com
Overview
• Addressing the Panic
• Laws and Resources for a Pandemic
Disease
• Panel Questions / Discussion
EBOLA
• The most common routes of transmission of Ebola are:
– Contact of the eyes or other mucous membranes with blood or
body fluids of a person or animal with Ebola;
– Contact with contaminated equipment or other objects; and
– Ingestion of infectious blood or body fluids.
www.osha.gov/SLTC/ebola/medical_info.html
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OSHA
Ebola is not generally spread through casual contact and is not generally
airborne. The risk of infection with the Ebola virus is minimal if you have
not been in close contact with the body fluids of an Ebola patient or who
recently died from Ebola.
Only persons having close contact with someone who is sick with Ebola or
with their body fluids are at significant risk for exposure. This generally
includes:
– Healthcare workers;
– Airline flight crew, servicing, and cargo workers;
– Laboratory workers;
– Mortuary and death care workers;
– Border, customs, and quarantine operations workers;
– Emergency responders; and
– Workers in other critical sectors may come into contact with sick
individuals or their body fluids.
For such industries, specific OSHA Safety Standards apply:
– www.osha.gov/SLTC/ebola/standards.html
Employers and Travel
• Currently, there is very low rise that U.S. employees will encounter
Ebola or individuals possibly infected with Ebola.
• For most employers, the main concern is how to address employees
returning from international travel to affected countries.
– Limit business or personal travel to affected areas.
– Educate travelers on methods of transmission, prevention, and
symptoms.
– Put in place guidelines for employees returning to work after
such travel.
www.cdc.gov/vhf/ebola/outbreaks/history/
distribution-map.html
ADA
• The Americans with Disabilities Act (ADA) does not specifically
address Ebola. However, in response to the H1N1 influenza virus
pandemic in 2009, the EEOC issued its policy guidance on the ADA
and pandemic preparedness in the workplace.
– www.eeoc.gov/facts/pandemic_flu.html (attached)
• The Pandemic Guidance addresses a few issues which you should
keep in mind, however, note that Ebola has not been declared a
pandemic, yet.
Q: Can I monitor/take employees temperature?
A: Taking an employee’s temperature is considered a medical
exam under the ADA, which the ADA prohibits unless it is
job-related and consistent with business necessity. Since the
risk is low, you probably can’t justify it. However, if a
pandemic is declared by authorities/CDC, then probably.
ADA
Q: Can I send employees home if they display symptoms?
A: Yes, particularly if a pandemic is declared.
Q: Can I ask employees returning from personal travel to
affected areas about their exposure?
A: Yes, during a pandemic, you can ask non-medical related
inquiries or you may require a medical release to return to work.
Q: How much information may I ask employees who
report feeling ill at work or who call in sick?
A: During a pandemic, employers may ask employees about
symptoms. All information must be kept confidential in compliance
with the ADA.
ADA
Q: Can I ask employees about their travel plans?
A: Yes, particularly if the employee travels to affected areas only.
However, you may not ask disability-related questions. You may only
solicit travel/exposure information to determine whether the employee is a
“direct threat” in the workplace. A “direct threat” determination cannot be
based on subjective perception or irrational fears.
Q: Can I quarantine or place exposed employees on paid leave?
A: No, this could be seen as a discrimination under the ADA. You can
allow employees to telecommute or to get a medical release to return to
work.
Q: What information can I share with co-workers or others?
A: None. Medical information should be kept confidential. Share
pertinent public information (from CDC/others), reaffirm that you are
taking all necessary steps to protect your people, and appoint a manager to
handle all protocols, complaints or concerns.
Panel Discussion Questions