Dealing with Monkeypox Virus in the Workplace | Akerman LLP – HR Defense

Just as employers have found a way to survive the COVID-19 virus, the next virus, the monkeypox virus, is set to take hold. Although a global and national public health emergency has now been declared by the World Health Organization and the United States, the monkeypox virus continues to spread. almost 10,000 There are over 30,000 cases in the US and over 30,000 cases worldwide (as of this posting). This new virus brings new considerations for employers.

Monkeypox virus: what is it?

According to the Centers for Disease Control (CDC), monkeypox It is caused by infection with the monkeypox virus, which belongs to the same family as smallpox (but not chickenpox). The first documented human case was in 1970, and before the current outbreak, monkeypox was generally confined to countries in central and western Africa. The virus has now spread to over 88 countries.

Although monkeypox virus transmissibility is still being studied, CDC warns The virus can be spread to anyone by direct contact with lesions or infected body fluids, by touching fabrics or surfaces used by monkeypox patients, or by contact with respiratory secretions. Individuals infected with the monkeypox virus usually present with fever, swollen lymph nodes, headache, muscle aches, back pain, fatigue, chills, respiratory symptoms, and a rash that goes through several stages (prehealing crusting). Symptoms usually occur within 3 weeks after exposure and last for 2 to 4 weeks.The monkeypox virus is usually not fatal, but infected people can suffer severe scarring, blindness, or infections. CDC does not recommend Get vaccinated against monkeypox virus at this time of year. However, persons with known or presumed exposure history and who are at high risk for serious illness caused by infection with the monkeypox virus (such as those with HIV infection or other immunocompromised conditions, who are pregnant or who are vaccinated against smallpox). people at increased risk of serious adverse events after the second-generation vaccine ACAM2000 created for), or may be more likely to contract monkeypox. According to the CDC, people may be more likely to get monkeypox If they:

• Identified by public health officials as a contact of a monkeypox case.
• I know one of my sexual partners has been diagnosed with monkeypox in the last two weeks.
• had multiple sexual partners in a known area of ​​monkeypox in the past 2 weeks; and
• People who may be exposed to orthopoxvirus at work ( genus (including viruses such as smallpox, monkeypox, and other viruses), laboratory workers performing tests for orthopoxviruses or handling cultures or animals containing orthopoxviruses, and designated health care workers or the public Including hygiene workers.

Considerations for Employers

Due to the general obligation to provide and maintain a workplace free of perceived hazards, employers should consider the potential consequences of employee exposure to the monkeypox virus.The Occupational Safety and Health Administration (OSHA) has not issued specific guidance for employers on monkeypox, but the CDC Monkeypox Isolation and Prevention Practices (CDC Preventive Practices), which can be considered when assessing workplace safety.

Preventive practice

Although monkeypox vaccine is not readily and widely available in the United States, employers should encourage employees who are concerned about the virus to consult with their health care provider regarding vaccine availability and suitability. there is.

Additionally, employers should implement many of the same workplace practices observed during the COVID pandemic, such as frequent hand washing, sanitizing, mandatory use of protective equipment such as face coverings and gloves, and regular cleaning and disinfection of workplaces. should be encouraged.

If an employee contracts monkeypox, employers should encourage employees to seek immediate medical attention and follow physician advice regarding monitoring, isolation, and use of personal protective equipment.

Health care employers should take particular care to ensure that their workers comply with OSHA and CDC requirements for protecting workers from occupational exposure to infectious diseases. Monkeypox infection prevention and control in healthcare settings.

CDC prevention practices recognize the various ways an infected person can prevent the spread of monkeypox virus and encourage isolation for the duration of illness. However, if an individual cannot be isolated and has symptoms, CDC prevention practices recommend that infected individuals:

• Avoid close or physical contact, including sexual and/or close intimate contact with other people;
• Wear protective equipment to cover the lesion.
• Wear a snug-fitting mask (it should fit snugly on your face with no gaps around the edges or nose).
• Avoid public transport.
• Do not share items worn or handled by other people or animals.
• Clean and disinfect items worn or handled and surfaces touched by lesions.
• Do not share dishes or cups.
• Avoid crowds and collect settings.When
• Wash your hands frequently with soap and water or use an alcohol-based hand sanitizer, especially after direct contact with the rash.

With the above prevention practices in mind, employers should advise employees on how to protect themselves from the monkeypox virus, highlight existing hygiene practices, and ask employees with lesions (or other symptoms) to stay home. You can encourage people to work remotely. Employers should review their own safety programs to ensure they include infectious disease protocols or are in line with her OSHA guidance.

Policy review and notification to policy administrators

Employers should review any employment policies or practices that may be relevant in the event of monkeypox exposure in the workplace, including policies regarding vacation, paid leave, accommodations, retaliation, discrimination or harassment complaints procedures. should be considered. For example, employers should consider applicable state and local paid leave laws to determine whether employees are entitled to paid monkeypox virus leave, including, but not limited to, vaccination leave. need to do it. In addition, it is also a good time to remind supervisors and/or managers about the recognition and handling of requests for accommodations and related policies to ensure that no discrimination occurs when considering such requests.

Anyone can become infected with the monkeypox virus, but members of the LGBTQ+ community are disproportionately affected at this stage. The disease makes these individuals more likely to be targeted for discrimination, harassment and retaliation. Employers should be prepared to handle discrimination complaints and follow appropriate procedures.

Employers should also take care, when drafting policies or communications related to the monkeypox virus, to include language that makes it clear that the virus can be transmitted. Anyone, despite their sexual orientation.

ADA and FMLA Considerations

Depending on the severity of your symptoms, monkeypox virus may be considered a “serious health condition.” Family and Medical Leave Act Or “disability” under the Americans with Disabilities Act (ADA). Employers should consider the effects of monkeypox virus on a case-by-case basis.

Employers should be careful when requesting confidential or medical information from employees to support vacation or accommodation requests. Medical information obtained in connection with either must be kept confidential and kept separate from the employee’s personnel file.