Handling Communicable Diseases in Your Facility

It’s important to be prepared for a range of events that could threaten your employees’ and patients’ safety and/or disrupt operations. One of these threats is a communicable disease outbreak. Communicable diseases are those that are easily transmitted among people, and include influenza, hepatitis, tuberculosis, HIV and many others. If one of your employees contracts an infectious disease or there is an outbreak in your local community, you need to be prepared to minimize the spread and maintain a safe and healthy work environment.

Required Employee Disclosure

At the most basic level, health care facilities should develop a communicable disease policy for the workplace that requires employees to notify them of any possible exposure to certain diseases. This will allow the facility to take proactive preventive measures against the spread of the disease.

Since medical disclosures are governed by the Americans with Disabilities Act (ADA), health care facilities must ensure their policies meet ADA requirements, including keeping employee health information confidential as required by the Health Insurance Portability and Accountability Act (HIPAA). As part of the policy, employees may be asked to work reduced hours, work from a remote location and/or may be removed from nonessential job duties until they are no longer contagious.

Travel and Quarantine Policies

Employee travel must comply with all advisories from the Centers for Disease Control and Prevention (CDC) and the U.S. Department of State. As a result, those who are traveling to areas with current communicable disease outbreaks must obtain all recommended vaccinations and follow all health recommendations.

If an employee travels to a region of the world where they must be quarantined upon returning to the United States, they should notify the facility immediately to arrange for telecommuting or paid leave. This policy should be communicated to employees before any travel takes place.

Employee Leave Policies

Social distancing is one of the most effective ways to prevent the spread of communicable diseases in the workplace. Employees may be subject to quarantine, may be ill and need to stay home, or may be home caring for sick relatives. As a result, these individuals should remain away from the workplace to reduce the likelihood of infecting others.

Beyond this, other employees may fear contracting a disease in the workplace and may consequently refuse to come to work. In response, health care facilities should consider devising policies to address these concerns and leave issues.

These policies may include:

Following the directives of the CDC with regard to social distancing and other applicable health and safety initiatives
Maintaining critical facility operations
Sustaining a functioning workforce to minimize the effects of employee absenteeism
Limiting unnecessary social interactions between staff and patients
Complying with applicable laws, including the Family and Medical Leave Act (FMLA), the Uniformed Services Employment and Reemployment Rights Act (USERRA), and overtime stipulations of the Fair Labor Standards Act (FLSA) for telecommuting employees
Addressing the following logistical concerns:

How employees can request communicable disease leave
Requirements for regularly reporting medical conditions
Whether leave is paid or unpaid
Whether benefits are provided or accrued during the leave period
Whether employees will be required to return to work if their leave is exhausted

Federal Compliance

In addition to the laws mentioned above, there are other laws that may affect a communicable disease policy and its ramifications:

The Privacy Rules under HIPAA require employers to protect the privacy of all employee medical information. As a result, employers must determine which diseases employees must report, who will have access to this information, and whether reporting it to public health officials is necessary. If other employees must be notified of a possible communicable disease case in the workplace, all necessary precautions must be taken to protect the privacy of the infected individual.
Under FMLA, for employers with 50 or more employees within a 75-mile radius, employees who have worked for the facility for 12 months and have worked 1,250 hours within the last 12 months are entitled to up to 12 weeks of unpaid leave due to a “serious health condition.” Most communicable diseases will likely be considered applicable under this regulation.
An employee who suffers a permanent health problem that greatly affects their daily life may be entitled to protection under the ADA.
Under the Employee Retirement Income Security Act of 1974 (ERISA), employers must confirm that employees under their health plan receive an updated summary plan description (SPD) of the health benefits. If employees do not receive an SPD, the provisions allowing the plan to change may not be enforceable. Furthermore, if an employer cannot prove that employees and/or dependents received a revised SPD, then the employer may be required to provide higher benefits in accordance with previous SPDs.

Communicable Disease Response Plan

Creating a communicable disease response plan is an effective way to clearly communicate with employees while also complying with local, state, and federal guidelines for pandemic responses. Plans should be concise, easy to understand, and effective in preserving the health and safety of all employees. Plans should include the following:

The designation of a person within the workplace who is responsible for all disease planning and emergency actions
Communication of the policy and required steps for requesting leave
Development of a protocol with regard to increased absenteeism and how to maintain a functioning workforce
Development of a monitoring program to track employees who cannot return to work immediately due to illness
Development of social distancing strategies to limit transmission risks
Plan distribution timeline and format

Conclusion

In disease outbreak situations, it is important that health care facilities are prepared and remain flexible in their response strategies, thereby keeping staff and patients safe and healthy.

This Risk Insights is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel or an insurance professional for appropriate advice. © 2023 Zywave, Inc. All rights reserved.

Risk Insights | Handling Communicable Diseases in Your Facility