Bugs in the workplace.

The year 2003 has turned into the year of the virus. SARS, West Nile, Norwalk flu and even Monkeypox have all been highly publicized over the past several months. While many consider the media attention to these diseases to be little more than fear mongering, the responsibility employers may face for addressing these threats in the workplace is real. In the modern workplace, employers must be ever vigilant towards health and safety issues, including the possibility of contagions.

Employers have a statutory duty to ensure, so far as is practicable, the health, safety and welfare of all their workers. In Saskatchewan, this duty is found in section 3 of The Occupational Health and Safety Act, 1993. What this means is that employers must do everything they reasonably can to prevent workers from contracting a disease.

Perhaps the best way an employer can protect their employees, their company and members of the public is by adopting guidelines addressing the procedures to be taken to counter an outbreak. Such a policy should serve three primary goals:

1. allow the business to function while ensuring that the rights of employees are respected;

2. minimize the effects of these diseases should they enter the workplace; and

3. minimize employer liability should an employee contract a disease in the workplace or from another employee.

Now that the risk of pathogenic threats in the workplace has become common knowledge, it will no longer be acceptable for employers to operate without a policy in place. Just as with harassment, employer liability for disease may be affected by the strength of the policy.

Each company's policies will need to be unique. There is no uniform plan that will adequately address the individual needs of each company and its employees. Therefore, the company's occupational health and safety committee will need to be consulted to establish the needs of the company and what procedures will best address these needs. Some guidelines that may be considered include:

* Post, implement and monitor governmental guidelines to ensure awareness of and compliance by all parties. Health Canada guidelines for SARS can be found at www.sars.gc.ca;

* Notify employees of any risks of potential disease, or of contracting a disease in or about their workplace;

* In the event of a reported outbreak of a serious disease, carefully and regularly monitor all employees who interact closely with others as part of their jobs;

* Advise employees of the need to monitor their own health and to report any suspicious symptoms. Employees should be encouraged to seek medical attention when necessary;

* Develop procedures detailing what employees should do if they become aware of symptoms in themselves or co-workers;

* Ensure that quarantined employees do not attend work until their quarantine period is over;

* Remind employees of the importance of hand washing in prevention of transmission;

* Consult medical professionals before assigning employees to 'hot spots.' Fully advise the employee of the risks of working in a hot spot as well as the possibility of being quarantined upon return; and

* Develop policies regarding discipline or termination for employees who breach company directives by recklessly attending work with symptoms or violating quarantine orders.

The above guidelines are intended to be of general application. However, each disease will likely require its own guidelines. Some guidelines for West Nile Virus could include:

* Providing outdoor workers with mosquito repellent and protective clothing;

* Educating employees on the risks of West Nile as well as methods of protecting oneself from the virus; and

* Even at company recreational events, employees should be advised of the need to wear protective clothing and use repellent.

One of the greatest risks an employer may face during an outbreak is that a 'dedicated' employee will ignore a quarantine order and come to work. Even if it is later determined that the 'dedicated' employee has not contracted the disease, a significant number of his or her co-workers will likely face interim quarantine as a precaution. Therefore, employers may wish to develop policies enabling employees to work from home during the quarantine period. By implementing outbreak policies and creating a safe work environment, employers can ensure that employees and the business are protected.

Scott is a lawyer with Wallace Meschishnick Clackson Zawada in Saskatoon. Questions and comments on this article can be sent to him at [e-mail]

Information in this article is based on an article originally published by the Lang Michener law firm, and is gratefully acknowledged.