Health Care Employers Should Prepare for Potential Influenza Rule Changes

Monday, March 19, 2007
Contributed by: Charles A. Mallard

If an ounce of prevention is really worth a pound of cure, then health care employers should begin thinking about how they intend to plan ahead for new influenza rules that could potentially have an impact on how they manage their workforce approach to yearly influenza vaccinations.

On January 25, 2007, the Infectious Diseases Society of America (IDSA) forwarded a set of principles to Congress and OSHA recommending that all health care workers with patient contact receive employer provided mandatory influenza vaccinations. Labeling the current voluntary system a failure, the IDSA noted that only 40% of health care workers voluntarily receive a yearly flu shot. In advancing its recommendations, the IDSA argues that mandatory vaccinations for health care workers will "plug a critical weakness in the nation's flu preparations." IDSA's full recommendations are available in its "Pandemic and Seasonal Influenza Principles for U.S. Action."

Similarly, on February 6, 2007, OSHA released new workplace safety and health guidelines for protecting employees from exposure to influenza during a flu pandemic. The guidance covers all U.S. workplaces but places special emphasis on health care and public health, one of 13 infrastructure sectors designated as critical to a strong national defense and thriving economy. Under these guidelines, health care workers should be considered at "very high" or "high" risk of exposure to pandemic influenza, depending on the level of contact with known or suspected pandemic patients. While the guidance is advisory in nature, OSHA reminded employers that they can be cited under the Occupational Safety and Health Act's general duty clause for failure to provide a workplace free from recognized hazard likely to cause death or serious physical harm. Read the full text of the 43-page "Guidance on Preparing Workplaces for an Influenza Pandemic" for more information.

This column is published for informational purposes only. It should not be construed as legal advice and is not intended to create an attorney client relationship. The views expressed are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.