Are employers required to provide employees with infection control supplies and personal protective equipment (PPE) to prevent or slow the transmission of influenza?
Category: Workplace Safety and Health Issues
Answer:
Workplace safety law requires employers to provide a workplace free from hazards likely to cause death or physical harm. The Department of Labor’s Occupation Safety and Health Administration has provided detailed guidance (Guidance on Preparing Workplaces for an Influenza Pandemic) on how to prepare the workplace for pandemic flu.
It is recommended that you provide sufficient and accessible infection control supplies and, if needed, PPE to control the spread of disease among your employees. (Where the employer has evaluated the work site and determined that PPE is required to be worn by employees, it is the employer’s responsibility to assure that PPE is provided at that site. For guidance on selecting PPE, employers can consult the Guidance referenced above.)
There are various levels of control that can be used to protect employees including, engineering controls, work practices, administrative controls, and PPE. Some examples of these controls include: barriers/sneeze guards, promoting personal hygiene measures, minimizing face-to-face contact, and gloves/respirators. A combination of these controls is likely to be used by most employers. Signage in common areas around the workplace encouraging and explaining how to use these controls may increase awareness and good hygiene behavior.
Employers should also educate their workers about good hygiene and infection control practices. (See also: “What kinds of information should be conveyed to employees to prepare them for the issues that are likely to be of concern to them should a pandemic occur?”)
Note: As an overall matter, employers should be guided in their relationship with their employees not only by federal employment law, but by their own employee handbooks, manuals, and contracts (including bargaining agreements), and by any applicable state or local laws.
Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies. For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information. This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.
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Last Updated: 01/25/2008
