This article is the second in a series of articles by the UK Pandemic Advice Team at CMS Cameron McKenna in which we consider some of the issues faced by companies in dealing with influenza pandemic (please click here for our first article in the series). In this article, we focus on the issues for employers posed by the pandemic from a health and safety perspective and steps that can be taken to ensure compliance with current health and safety legislation.
Pandemic influenza is different from ‘ordinary’ seasonal flu. It occurs where a new influenza virus emerges, as has occurred in recent months with the H1N1 virus (“swine flu”), which is manifestly different from other strains, and to which humans have little or no immunity. It can therefore spread rapidly and cause infection over a large geographical area.
Following the recent increase by WHO of the alert status of swine flu to level 6 (the highest pandemic alert phase), all employers must consider the impact of the pandemic on their organisation and the workplace measures they might need to implement to prevent, control and manage any outbreak that might occur.
The Health and Safety Executive has issued general guidance for employers, setting out key issues that all employers should have regard to, both in terms of preventing spread of flu in the workplace and also controlling possible spread of the disease if an employee is thought to have contracted it. Employers must act by adopting basic precautionary measures in the workplace, even if they perceive the risks that swine flu poses to their particular organisation to be very low.
On a general prevention level, employers should ensure that:
- Both they and their employees always practice good personal hygiene. The importance of hygiene awareness can be reinforced in the workplace by the use of posters (issued by the Department of Health - see weblink below) in suitable locations which remind employees to use a disposable tissue to control coughs/sneezes and to wash their hands before eating and drinking.
To manage the potential spread of the virus, employers should also:
- Advise employees to stay at home, if it is believed that they may have been exposed to the swine flu virus and are exhibiting flu-like symptoms.
- Send home any employees who are displaying flu-like signs/symptoms if you have reason to believe they may have been exposed to the swine flu virus.
- In all cases, employees who are absent or sent home from work due to possible contraction of swine flu (as described above), should not return to work until assessed as fit to do so by a doctor.
Use of Face Masks
At this stage, it is not necessary for employers to require employees to wear facemasks as the number of people in public places who are displaying symptoms is likely to be limited. In certain occupations (such as healthcare workers) the risk of exposure to the virus will be higher and the HSE recommend that surgical face masks are used. More detailed guidance on the use of face masks can be found on the Department of Health website.
Communication
In addition to the general prevention measures outlined above, businesses must consider their employee communication policies in the event that premises require to be closed due an outbreak of the virus amongst the workforce. It is recommended that all businesses establish a “communications tree” which can be utilised in the event of an outbreak. The communications tree will set out how individual employees can be contacted - e.g. by mobile phone or email - to advise of immediate office closure. Communication of an outbreak in this way will be essential to reducing the risk of contamination to as low as reasonably practicable for those who are, as yet, unaffected by the virus. It is recommended that the method of communication used in the event of an office close down is not restricted to one medium to ensure that if the initially selected method of communication fails (e.g. if email systems are down), there is an effective back-up communication system which the employer can use to make urgent contact with workers if required.
Ongoing Compliance with Health and Safety Legislation
Whilst in the main, pandemic flu, such as swine flu, is a public health concern, there may be indirect health and safety consequences which impact on the duties placed on employers under Health and Safety legislation, such as the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999. Where worker numbers are reduced due to sickness absence, there is potential for a number of health and safety issues to arise. In particular, the redeployment of workers to unfamiliar tasks or employees working alone due to the absence of colleagues caused by sickness will inevitably increase the risks to those workers. Employers must properly consider the impact of reduced worker numbers on their remaining employees and ensure that any risks as result of such changes are properly assessed and controlled to meet the duties placed on them by UK health and safety legislation.
To view the HSE guidance and health and safety prevention campaign materials (such as workplace posters) please see the following sites:
- The Health and Safety Executive website
- The Health Protection Agency (HPA) website
- The Department of Health website: Pandemic flu guidance for businesses
For information on our key contacts, please see our UK Pandemic Advice Core Team contact sheet.
