There is a joke going around in a number of different circles that goes like this: “Have your heard the joke about Ebola? Well, you probably won’t get it.” Some people get the joke and others don’t, but the point is that most people in all likelihood won’t get Ebola either, at least not in most areas of the world outside of Africa, and even there it is limited to a few countries. Yet people are concerned. Some people have expressed reservations about traveling through Dallas or Atlanta, where patients who contracted the disease in West Africa have been brought to be treated. So how do you as an employer deal with concerns your employees may have?
The first thing to do is help people realize that there is no chance of catching Ebola unless they have direct physical contact with an infected person. According to the Centers for Disease Control (CDC):
“…the virus can be spread to others through direct contact (through broken skin or mucous membranes in, for example, the eyes, nose, or mouth) with:
Ebola is not spread through the air, by water, or in general, by food.”
For the vast majority of employees in the most situations, this is just not going to occur. The chances of catching the flu are much greater. Thousands of people die each year due to the flu, yet people resist taking flu shots and still come to work with the flu.
Your first line of defense for anything like this is a good illness policy that encourages people NOT to come to work when they are ill. Yes, some slackers may take advantage of this, but that’s better than running the risk of getting all of your productive workers sick. So, encourage people to stay home when they are ill. If they can work remotely and feel up to it, then you can let them do so, but I would not push them. There are some issues with the FLSA when people work remotely—more on that in a minute.
There are three major laws that come into play when discussing Ebola or any other transmittable disease in the workplace. The first of these is OSHA, whose General Duty clause requires that each employer “shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees.”
If you had put a pandemic disease policy into place when the Avian Flu was a threat, then that guidance is still applicable.
Other laws that may have an impact on the situation are the following:
The simplest solution for the majority of employers outside of medical facilities is to use common sense (which is not always that common), and follow the guidance and advice provided by the CDC. Education is ALWAYS the best defense against irrational fears. If you must, have a meeting with employees and present them with the evidence that the CDC makes available to us. You can find extensive information on Ebola at the CDC website. Now quit worrying and get back to work. Encourage your employees to use reason in this season of irrational fears.