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Swine flu - an employer's international checklist
- Brief Overview
- This article sets out a series of questions and action points for employers to consider in relation to their workforce.
- Applicable Law
- Germany, Hong Kong SAR, Global, Italy, Japan, Netherlands, People's Republic of China, Portugal, Qatar, UK, United Arab Emirates, United Arab Emirates (Abu Dhabi), United Arab Emirates (Dubai), USA, France, Belgium
- Reviewed
- 07 January 2010
- Submitted
- 30 April 2009
See our list of useful websites in relation to swine flu.
Introduction
The World Health Organisation has just upgraded the level of threat posed by swine flu to Level 5.
Set out below is a series of questions and action points for employers to consider in relation to their workforce.
In this day and age, many businesses will have crisis management/contingency plans in place which may answer many of the questions posed. These are likely to deal with issues such as servicing customers with a skeleton staff. Many will just need to be adapted to the specific crisis. General business development plans might already have in place procedures for reducing travel and the need for face to face contact (such as video conferencing and remote access to IT systems).
Ultimately, the answers to many of the questions and the actions which an employer could and should take will depend upon any requirements imposed by the government, relevant authorities and prevailing official guidance. In particular, the governmental classification of the threat (eg whether it is an epidemic can affect an employer's rights and obligations). These should, therefore, be monitored and changes reflected.
Preparation
- Do you have a business continuity plan which deals with the issues/needs to be followed?
- Locate any plans/policies developed in relation to SARS/avian flu to use as a starting point.
- Review useful official sources of guidance for current information (see list below).
Policies and procedures
Consider which policies may be affected (if you have them) in particular:
- sickness policy
- absence policy
- travel policy
- homeworking policy
- Be familiar with all statutory requirements and any set out in applicable collective bargaining agreements on these issues.
- If policies are being introduced/amended does this need consultation of/negotiation with/approval of works councils/employee representatives?
Sickness absence policy
- Is there a centralised reporting system?
Does the policy (where permissible) impose requirements on employees to inform business if eg they have:
- flu like symptoms
- been exposed to anyone who has or may have flu like symptoms
- visited areas where there has been an outbreak
- been diagnosed as having swine flu?
- Where it is not possible to impose such requirements, consider asking for employees to provide information on a voluntary basis.
- Review return to work procedures - in what circumstances can affected employees return, what medical evidence must be produced (where permissible)?
Absence policy
- In what circumstances can employees be required to stay away from the office?
- How will such absence be treated?
- Does the policy deal with employees being required to work from home?
Travel policy
Does the policy deal with:
- regular monitoring of official travel guidance
- specific restrictions on business travel to areas with outbreaks
- business authorisations necessary to approve travel to such areas
- arrangements that will be made if such travel is required (eg provision of medication/insurance)
- procedure on return (eg any requirement to work from home)
- personal travel - any requirement for employee to notify employer of travel to specific areas (and, if so, which)
- arrangements on return (eg any required period of absence from the office, how this absence will be treated, whether employee will be required to work from home)?
Other policies
- Dress codes - consider whether relaxation of rules appropriate to allow more frequent washing of clothes.
- Review other leave policies (eg time off for dependents, family leave etc) - is it clear how they will apply in these circumstances?
Informing and communicating with employees
- Which employee representatives (if any) should be involved?
What information should be provided now? eg:
- what the business is doing in response to this threat
- any policies which have been updated and where they can be found
- ongoing communication channels - where should employees be looking for/expecting to find current information on the business requirements/procedures (eg intranet, group briefings etc)
- future communication channels re the threat (eg whom employees should contact, crisis procedures, how employees can access information if they are out of the office)
- information on practical matters (support numbers, useful websites, details of any employee health insurance schemes etc)
- Ensure employee contact information is up to date (how to contact them, whom to contact if they fall ill).
Reducing exposure at work
- Ensure current guidance on risk reduction in the workplace is being monitored and implemented.
- Inform employees of any required necessary steps to reduce exposure at work.
- What plans are in place if an employee who has been in the office is diagnosed with swine flu?
Medicines and medical aids
- Check whether it is permissible to hold/distribute medicines and aids.
- Review official guidance on effectiveness of medicines and aids.
- Do you already hold any useful medicines/medical aids (eg drugs, anti bacterial hand gels)?
- With eg drugs, do you have any necessary licences/consents for storage and distribution?
- Make sure that there is a clear policy on who can distribute and when.
General points
- Ensure that implementation of plans and procedures does not unlawfully discriminate.
- Consider preparing "questions and answers" on the specific issue to ensure a consistent approach to questions from employees.
- Be familiar with available insurance relevant to the circumstances.
Useful websites
General
European Centre for Disease Prevention and Control - Home page
US Centres for Disease Control and Prevention - Home page on swine flu
Pan American Health Organisation - Home page
World Health Organisation - Home page on swine flu
UK
UK Department of Health - Home page
UK Health Protection Agency - Home page on swine flu
UK Health and Safety Executive - Home page on swine flu
UK NHS Choices - Home page on swine flu
UK Foreign and Commonwealth Office - Home page on swine flu
UK Directgov - Home page on swine flu
UK Business Link - Home page on swine flu
UK Cabinet Office - Home page on swine flu
Abu Dhabi
Belgium
NHS Direct Belgium - Dutch language
NHS Direct Belgium - French language
Dubai
France
French Government Department of Health
Germany
German Federal Ministry of Health - Home page on swine flu
Hong Kong
Hong Kong Department of Health
Hong Kong Government News (Health and Community)
Italy
Japan
Influenza A H1N1 information website
Foreign nationals in Tokyo should call the Tokyo Metropolitan Health and Medical Information Center Phone: 03-5285-8181 Consultation Hours: 9am to 10pm daily (also open on weekends and holidays)
Japanese residents should call their local public health centre.
Netherlands
National Institute for Public Health and Environment
Portugal
Qatar
PRC
State Food and Drug Administration of the PRC
National Tourism Administration of the PRC
For further information please contact Philip Bartlett, Marie-Hélène Jacquemin (Belgium), Laure Joncour (France), Hans-Hermann Aldenhoff (Germany), Fiona Loughrey (Hong Kong and China), Davide Sportelli (Italy), Raúl García (Spain) or your usual contact at Simmons & Simmons.
This document is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.