Wash Your Hands - Redux

Over the summer, I posted an entry espousing the benefits of hand-washing. I've also done a series of posts highlighting employment-related topics in Super Freakonomics. Little did I know that there would be some overlap between the two.

As it relates to current events, washing your hands can help prevent the spread of H1N1, but it also helps prevent the spread of numerous other illnesses. In the case of medical professionals, washing their hands can literally be a matter of life or death for their patients. In Super Freakonomics, the authors reveal that medical workers (particularly doctors) are not particularly good at washing their hands.

The authors describe an effective method employed by Cedars-Sinai. The medical center set the computer screensavers to pictures of bacteria-laden hand cultures taken of physicians' hands. The book reports that hand-hygiene compliance "shot up to nearly 100 percent." The Freakonomics blog reports that "Clean Hand programs are now the norm at hospitals."

Admittedly, the audience at a hospital may be more responsive to a bacteria culture than the average, say accountant (as an example). But perhaps there is something to this screensaver thing. Maybe it's "wash your hands to help stop H1N1" one day, and "ummm, yeah, we're putting new cover sheets on all the TPS reports*" the next. The possibilities are endless!

Sidenote: ABC posted a 20/20 video showing the actual hand-culture screensavers. It also includes an interview with the Super Freakonomics authors, the dangers of dirty neckties, and disturbing footage of a woman with a flesh-eating disease in her stomach.

* That's a reference to the movie Office Space.

Omnibus Legislative Update

There’s been no shortage of news on the legislative front of the world of employment law. There’s so much that I’m doing a brief omnibus blog entry to close out the work week.

- Congress passed a bill (98-0 in the Senate and 403-12 in the House) to extend unemployment benefits (incidentally, it also extends the first-time homebuyer’s credit). AFP reports:

“The legislation allows workers in all 50 US states to get 14 more weeks of unemployment benefits, while those in states with jobless rates over 8.5 percent would be able to draw an additional six weeks for a total of 20.”

News breaking that Obama just signed it today.

- George Miller (D-CA) introduced a bill that would direct “employers to pay for up to five days' sick leave for workers they send home because they have contracted the H1N1 virus.” WSJ reports that it's not clear whether the bill has the "support of House leadership or Senate Democrats."

- And then there’s some health care bill floating around that you haven’t really heard much about… unless you have television, radio, or access to the Internet. A vote on the health care bill appears imminent.

All of this is set against a backdrop of just-announced 10.2% unemployment with nearly 16 million unemployed.

Sidenote: My sources today are AFP, CBSNews, WSJ, and FoxNews... how's that for media diversity?

EEOC Issues Two ADA Notices

In the last ten days, the EEOC has issued two important notices relating to the Americans with Disabilities Act ("ADA").

1. ADA and H1N1

First, the EEOC issued Pandemic Preparedness in the Workplace and the Americans with Disabilities Act. This document includes specific guidance on preparedness and even provides a sample "ADA-Compliant Pre-Pandemic Employee Survey." Additionally, the EEOC provides guidance for during an influenza pandemic and following a pandemic.

2. ADA Amendments Act of 2008 ("ADAAA") Town Halls

Second, the EEOC issued a schedule for its ADAAA Town Hall Meetings. The EEOC is seeking "direct input from the business/employer community" on its proposed new ADAAA regs. The EEOC even provided a nice little Summary of Key Provisions. The actual Notice of Proposed Rulemaking can be a dry read (OK, that's an understatement) so the summary is a welcome addition. The Town Halls, or "Listening Seesions," will be held on October 26th in Oakland, October 30th in Philadelphia, November 17th in Chicago and November 20th in New Orleans.

H1N1 Swine Flu Cliffs Notes for Employers

Did you read Wuthering Heights in high school? Of course not! You read the Cliffs Notes... errr, was that just me? Anyway, there's new H1N1 Swine Flu guidance for employers this flu season. It was issued by HHS CDC and DHS and I was kind enough to read the whole thing (do you see what I do for you people?) and prepared the following Cliffs Notes (not actually affiliated in any way with Cliffs Notes) version.

COMMUNICATE

Communicate your goals to employees - Protect employee health while maintaining business operations.

Some people are "at higher risk for complications of influenza," including pregnant women and people over 65 – tell them they are particularly at risk and encourage them to take precautions.

Collaborate with other businesses to find policies and procedures that work.

Check with your state and local health officials regularly to stay informed of issues specific to your geographic location.

Add the Swine Flu widget to your web site! I already put one on Lawffice Space (over on the right); you can get yours here.

PLAN

Plan in advance how you will implement your H1N1 strategy, including monitoring absenteeism so you can spot a spike.

How will operations continue if there are heavy absences? Consider cross-training employees to cover for one another and identify essential functions that must be covered (you should really consider this even when there isn't a pandemic threat).

Establish work-from-home policies and make sure you have the IT infrastructure to support this option.

Have a plan for employees with children to handle early school dismissals (and encourage them to keep the kids out of the office).

The guidance includes suggestions for a more severe outbreak. It’s probably too soon to implement these but you may want to at least start thinking about how you might go about: Screening employees; utilizing alternative work environments; social distancing; and cancelling travel.

PREVENT

“During an influenza pandemic, all sick people should stay home and away from the workplace, hand washing and covering coughs and sneezes should be encouraged, and routine cleaning of commonly touched surfaces should be performed regularly.” (yes, that emphasis was theirs).

Encourage your employees to get vaccinated.

Keep a clean working environment!

It cannot be said enough... WASH YOUR HANDS!

REMINDER

Don't discriminate or violate labor laws (duh) - Check eeoc.gov and dol.gov for details.

Check flu.gov for updates.

Wash Your Hands!

As the ancient proverb goes...

"Cleanliness is next to Godliness"

The proverb has found its way into the employment policy arena in recent months due to the outbreak of the H1N1 Virus (aka "the Swine Flu").

For example, numerous Universities have sent out letters to their communities, including a Letter from Howard President Ribeau. These letters generally include language like the following from the Howard letter:

• Cover your nose and mouth when you cough or sneeze.

• Wash your hands often with soap and water, especially after you cough or sneeze. While alcohol-based hand cleaners are also effective, they should not replace hand washing.

• Avoid touching your eyes, nose or mouth. Germs spread that way.

I will also note that my alma mater, George Mason University School of Law, had hand-sanitizing stations placed throughout the school when I visited a few weeks ago.

I just finished a cruise last week on which Royal Caribbean issued a daily notice asking the same things from their passengers (and I assume their employees). A couple I met in Juneau said Celebrity was also making a huge deal of H1N1 and ensuring that everyone washed their hands.

The EEOC has likewise weighed in by issuing guidance for ADA-Compliant Employer Preparedness for the H1N1 Flu Virus. And guess what advice they have for employers?

"During a pandemic, may an employer require its employees to adopt infection control practices?

Yes. Requiring infection control practices, such as regular hand washing, coughing and sneezing etiquette, and tissue usage and disposal, does not implicate the ADA."

Universities, cruise lines, and the EEOC agree... washing your hands helps stop the H1N1 virus. The question I have is, "Why does it take the threat of a pandemic to get people to wash their hands!?"

This just in: employees are much more likely to catch something other than H1N1. I don't know about you but I don't want any illness, swine or otherwise. I hope this new hand-washing, no-eye-rubbing, covering-your-nose-and-mouth-when-you-sneeze craze catches on for the rest of time! Workplace health should always be a concern and not a special pandemic precaution.