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McDonald Hopkins Alert: Swine Flu -- A Potential Trap for Unwary or Unprepared Employers

Posted on: Friday, 25 September 2009, 15:22 CDT

CLEVELAND, Sept. 25 /PRNewswire/ -- This flu season the H1N1 flu virus (the "swine flu") could potentially reach pandemic proportions. As such, employers must be prepared to meet the challenges posed by a pandemic, such as absenteeism, interruptions in supply or delivery, or changes in commerce patterns. Employers must also be aware of the legal landscape facing them with respect to the issues created by the swine flu.

An Employer's Duty to Provide a Safe Workplace

The Occupational Safety and Health Act's General Duty Clause requires that employers provide a safe and healthy work environment. The Occupational Safety and Health Administration ("OSHA") will rely upon the General Duty Clause to protect workers from the risks of swine flu in their employment. In the event of a pandemic, OSHA has indicated that it will adjust its priorities to ensure employers are adequately protecting their workers from swine flu.

Employers found to be in violation of the General Duty Clause are subject to monetary fines. If an employer willfully or repeatedly violates the General Duty Clause, OSHA will assess the employer a civil penalty of at least $5,000 per violation and potentially up to $70,000 per violation.

In order to prepare for a potential pandemic, OSHA issued guidelines for employers. Employer recommendations include, but are not limited to:

• Developing and/or reviewing a pandemic flu plan;
• Reviewing sick leave policies;
• Working with employees to address leave, pay, transportation, travel, child care, absence and other human resource issues;
• Purchasing flu supplies (i.e., touch less garbage cans, alcohol-based soap/hand sanitizer, tissues, and cleaning supplies);
• Providing employees with access to the latest flu information, including information about medical care and benefits;
• Implementing "social distancing" programs to limit face-to-face contact between employees and customers;
• Developing a cross-training program to ensure continuity of essential functions.
  

To view the complete alert click the link below.

McDonald Hopkins Alert - Swine Flu - A Potential Trap for Unwary or Unprepared Employers

About McDonald Hopkins

With more than 130 attorneys in Chicago, Cleveland, Columbus, Detroit, and West Palm Beach, McDonald Hopkins is a business advisory and advocacy law firm focused on business law, litigation, business restructuring, healthcare, and estate planning. The president of McDonald Hopkins is Carl J. Grassi. For more information about McDonald Hopkins, visit http://www.mcdonaldhopkins.com.

Deborah W. Kelm McDonald Hopkins LLC Phone: 216.348.5733 Email: dkelm@mcdonaldhopkins.com

SOURCE McDonald Hopkins LLC

Source: PR Newswire

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