Sample: Employer Infectious Disease Policy for Workplace Health and Safety
Human resources (HR) employee handbooks typically include several workplace health and safety policies. In this category, an infectious disease policy is critically important because it outlines employee and employer expectations in the event of a widespread outbreak of infectious diseases like the flu, staph infections, Covid-19, or Zika virus. Infectious disease policies are also key in the general prevention and control of infectious diseases.
Such a policy aims to safeguard employees’ health and ensure the continuation of essential business operations while also helping employers protect themselves from liability while navigating labor and employment laws relating to leave issues, vaccine policies, and reasonable accommodations. Use the sample infectious disease policy below as a guide for including a policy in your HR handbook.
[Download the sample employer infectious disease policy for your employee handbook.]
Why are workplace safety and health policies important?
According to the Occupational Safety and Health Administration (OSHA), the primary goal of workplace health and safety programs is to “prevent workplace injuries, illnesses, and deaths, as well as the suffering and financial hardship these events can cause for workers, their families, and employers.”
When employers set out to establish an effective workplace health and safety program, they should first develop workplace safety and health policies. These policies confirm an employer’s commitment to their employees’ well-being and set the tone for the overall program.
The policies should clearly state the employers’ safety and health objectives, which can be as simple as complying with applicable laws administered and enforced by agencies within the U.S. Department of Labor, including OSH Act and the Fair Labor Standards Act (FLSA).
How to educate and train employees on workplace health and safety policies
As part of their workplace health and safety program, employers must provide training that addresses employees’ safety and health responsibilities, potential hazards at the work site, and what to do in case of an emergency.
It’s often HR’s role to introduce the employer’s health and safety training program at a new employee’s orientation. Supervisors are then responsible for developing and implementing adequate job-specific training and must ensure that employees under their jurisdiction receive proper training. After an initial safety and health training during a new employee’s orientation, periodic retraining and recertification may be required to maintain standards set by OSHA and the employer.
Additionally, internal safety and health departments should provide or arrange training required under specific OSHA standards and other relevant state standards. These departments also provide any necessary safety training to protect the well-being of employees in the workplace.
How to ensure compliance with relevant health and safety regulations
Employers can take various steps to achieve compliance with relevant health and safety regulations.
First, training programs must educate employees on their role in maintaining compliance and warn of the repercussions for employee noncompliance. For example, most employer policies state that failure to comply with safety and health policies can result in disciplinary action, including termination.
Another key step: conducting voluntary self-audits. Employers can administer internal and external safety and health audits to ensure that policies are being enforced. If an employer’s inspection team finds any violations, it can take appropriate steps before a formal OSHA inspection to make corrections and avoid citation.
Sample infectious disease HR policy
Attorneys should review federal, state, and local requirements before creating or implementing an infectious disease policy.
[Download the sample employer infectious disease policy for your employee handbook.]
Purpose
This policy outlines specific steps that EMPLOYER takes to safeguard employees’ health and well-being during widespread outbreaks of infectious bacterial or viral diseases, while ensuring EMPLOYER’s ability to maintain essential operations and provide necessary services to customers.
Infectious disease defined
According to the federal Centers for Disease Control, emerging infectious diseases are new infections resulting from changes or evolution of existing organisms, known infections spreading to new geographic areas or populations, previously unrecognized infections appearing in areas undergoing ecologic transformation, old infections that are reemerging as a result of antimicrobial resistance in known agents, or breakdowns in public health measures. These include influenza, staph infections, and the Ebola and Zika viruses.
Remote work locations
EMPLOYER acknowledges that employees’ access to and use of public services or transportation might be prohibited or curtailed by local, state, or federal authorities during an infectious disease outbreak. Employees also might be unable to access or leave buildings, and disruptions can occur in the delivery of goods or services. EMPLOYER is prepared to continue key “bare bones” operations from a number of remote work locations, including essential employees’ home offices. [Employers can add: EMPLOYER has installed all of the equipment needed for telework operations at these remote work locations.]
Infectious control measures
EMPLOYER takes a number of steps to minimize, to the extent practicable, exposure to infectious diseases at the workplace. As appropriate, EMPLOYER recommends measures that employees can take to protect themselves outside the workplace and encourages employees to discuss their specific needs with a physician or other appropriate health or wellness professional.
EMPLOYER expects employees who contract an infectious disease or are exposed to infected family members or other persons to stay home and seek medical attention if needed. EMPLOYER also expects these employees to notify EMPLOYER as soon as possible of their exposure or illness.
EMPLOYER approves the installation or use, wherever possible, of improved equipment or cleaning methods to guard against the spread of infection at the workplace.
EMPLOYER-provided training addresses issues such as the availability of vaccines; symptoms, treatment, and appropriate medical care; steps to take if exposure is suspected; proper use of EMPLOYER-provided personal protection equipment; and proper hygiene in the workplace and at home.
Employee leave and pay
EMPLOYER grants leave to employees who are absent because of an infectious disease that affects them or their family members.
EMPLOYER allows employees to use their accrued annual or sick leave if they become ill or need to take leave to care for a family member.
Employees also can use unpaid family and medical leave for their illness or a family member’s illness. These employees must notify EMPLOYER as soon as possible of their need for family and medical leave. EMPLOYER requires employees to take unpaid family and medical leave if they lack accrued annual or sick leave.
Business travel
EMPLOYER makes all reasonable efforts to reduce the need for travel by, for example, using technology that allows employees to communicate or otherwise work electronically.
In the event of an infectious disease outbreak, travel on EMPLOYER’s behalf generally is limited to a select group of essential employees who have the required travel authorization from EMPLOYER and, if necessary, outside authorities.
[Download the sample employer infectious disease policy for your employee handbook.]
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Attorneys advise on a wide variety of complex labor and employment law matters, including developing or updating an infectious disease policy. Download our sample workplace infectious disease policy to include in your HR employee handbook.
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