Saturday, August 28, 2010

The swine flu - How can it affect you or your company ?

An employee may be excluded from work with or without a confirmed diagnosis of swine flu?
The first concern of any business should be to the health and safety of employees and customers. There are two aspects of health and safety of the employer must make in the workplace are:

Stay informed employees about the health risks and
take steps to ensure that there is good occupational hygiene and work practices do not impose undue risks to employees.
Swine flu is thought to spread the same way as seasonal flu by coughing, sneezing or contact with someone who has or recently had the flu. World Health Organization also recognizes that the swine flu appears to be highly contagious, and as such, his advice to apply procedures for infection control pandemic. It is considered best practice to be vigilant and ask employees to stay home, report to the Human Resources and consult a doctor if they say they feel bad they have flu symptoms, or who have traveled to Mexico or other areas that are considered high risk by the World Health Organization.

If there is a confirmed diagnosis of swine influenza in the workplace, employers may also consider the imposition of residence or travel ban for employees before they are properly medically evaluated. Therefore, if a pandemic developed, it is likely that some employees work from home or to abstain from work during the period. However, if these things are under contract, the imposition of these changes constitute a unilateral variation which can give rise to a claim for constructive dismissal.

There are several forces had thought, but often the local authorities, under public health (combating fever) Act 1984 (Public Health Act). Essentially, this law allows the government to do is:
Warrant a person to be a medical examination or removed or detained in hospital, and
ask a person to report for work.
Notwithstanding the foregoing are subject to the employer to comply with laws regarding workplace discrimination based on disability, gender, marital status, race, origin, religion or national or ethnic beliefs and sexual orientation.
In conclusion, employers are required to provide a safe workplace for all employees. Therefore, the employer be justified in relation to require the employees to work from home for a period and see a doctor after returning from Mexico. When the employee is given the medicine at all clear, so it should be allowed to return to work.

How the effect of swine flu on wages?
In the case of an employee is sent home, the question of money likely to be a big problem for both employer and employee. Employers want to know if they have an obligation to pay the employee and the employee wants to know if they are paid. This will depend on the circumstances in each individual case, but the first reference point is always a work contract of the employee.
The latest news related to swine influenza, businesses are invited to put a contingency plan in case of pandemic. This document, health and safety or internal procedures manual could reveal its position on the situation, even if wages are paid and how much the employer pays.
If an employee is suspected of swine flu or been in contact with someone who has been diagnosed with swine flu, you may want to send employees home. Employers are required to provide a caring service to its workforce as a whole. However, the employer must provide work, so if the employee is ready and willing to work, but left home as a precaution, the employer should consider keeping the employee on full pay and isolated other employees. That is until they are evaluated by a doctor and get rid of bird flu. Take steps that employers should provide a balance to meet these obligations.

If an employee was diagnosed with swine flu, is more than likely that the side effects place the employee in a position that can not work. The employee is then entitled to statutory sick pay or sickness accordance with the guidelines. Even if the employee is fit to work, you must be told to stay home until a doctor has declared no longer a danger to other employees. Thus, the employer has taken steps to ensure that employees are protected. In the event of a confirmed diagnosis, the fact that the swine flu has the potential to cause death, the employer's duty of care and the needs of their own health and safety important.
As in most work situations, the point guard position. However, each case be considered on its own merits.
What right of employees to his employer?
Contrary to what people may believe they are not protected by reducing or minimizing the risk of proliferation or swine flu, which may constitute a breach of implied rights imposed on them during their mission.
Although employees may have a big pile of work on his desk, they must seriously consider the consequences of entering work while sick. A common sense approach should be taken, and you feel ill, you should stay home until you feel better to avoid the risk of spreading influenza to other officers put their employer at risk model very sick.
Employees must balance the duty to act in the best interest of the employer against the duty to serve his employer. Some employees may be tempted to jump on the train for a possible pandemic, to use an excuse for missing work. But this put them in breach of its obligation.

So that employees can take to comply with all obligations under the contract?
If you feel sick, stay home until you feel better - no matter urgent task that can be on your desktop.
Notify your employer about your illness.
Prevent spread to others - Keep your distance from colleagues and others, especially children.
Do everything to ensure a quick recovery, which, common medications to relieve symptoms such as paracetamol and aspirin, drink plenty of fluids, maintain a good level of basic hygiene.


What right has an employer who is a larger work force to protect themselves against infection?
There are a number of measures that employers plan to stop the spread of disease to their employees. One such recommendation was to conduct a risk assessment, if the employer considers a range of social, environmental and organizational factors that could be taken. Employers would be prudent to ensure that workers in good health to reduce or avoid contact with people (whether they are colleagues or customers) that may show symptoms of the disease. Social distancing is regarded as a priority, for example:
Creating an environment that is acceptable to take sick leave and not return to work until symptoms have disappeared completely or
Encourage employees to work at home or
Promote communication through conference calls or other communications rather than face to face meetings.

Employers should also create awareness about the need for workers to take responsibility for their own health, by promoting personal hygiene and respiratory adequate access to facilities for hand washing it.
Can anyone be away to avoid the risk of infection?
The question millions of dollars for employers is whether there is a real need for an employee to stay away from the office, they are at risk should stay away from?
Historically, employers have focused on promoting a culture of tolerance and the fight to go to work, even when they are not physically fit. In the modern world effectively constitute a breach of an implied obligation of the employer to take reasonable measures to ensure the safety of its employees and working conditions. Therefore, the attitude to go to work, regardless of their health needs change.
In considering this question, the employer must consider whether it is a sincere belief that the employee may contract the infection. The questions to find out why and how they may be infected should be encouraged to establish this. employees fear can not be taken into account.
Current government policy is that employees should see their work as usual unless there is a risk imposed on the workplace. However, this may change my mind, then the employer should pay particular attention to workers' rights legal and contractual relationship with the disease.

At the time that the employees feel that they are within their rights to stay away to avoid the risk of infection, in fact the answer is "no".
"I can complain if the spread of influenza at work because my employer do to protect myself? What can I do to prove it is work related?

Employers should ensure that they comply with the guidelines the government for protection against swine flu, and update their policies to ensure that those affected by the virus stays away from the workplace to prevent the virus is transmitted to other people.
Employers owe employees a duty of care and do not have sufficient control to, it can be argued that they were negligent and in breach of the duty of care. This can lead to claims from employees who have contracted the virus at work, in contact with colleagues or customers who have developed the disease.
Employers must also ensure that they have liability insurance of employees in place to cover in the event of such a request.
What is the status of the employees point of contact for the public (whether in or outside the health service)?
The Government has indicated that the employees in regular contact with the public to exercise their normal functions. But employers who have employees are in contact with high public are encouraged to undertake a risk assessment, providing staff with masks, if necessary.

Employers who work for health care should be particularly vigilant with regard to avian flu. You should tell your supervisor, if they have been in contact with someone who has been diagnosed with swine flu, or flu-like symptoms themselves. Employees who have been diagnosed with swine flu usually need to go to work until all symptoms have disappeared and have been able to work signed by your doctor. However, the employees could go back to work early to work in a room has been punished for swine flu patients, in this scenario to be sure they are punished in the area outside any time even during periods of rest unless it is a particular risk of infection in your workplace.

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