In what appears to be the first employee lawsuit relating to avian flu, a Welsh police officer has filed a complaint alleging that his police department assigned him to work in an area in which he might be exposed to the avian flu virus, but failed to provide him with adequate training or personal protective equipment. The officer claims that he and two members of his family fell ill after he was assigned to guard a farm in which an avian flu outbreak had occurred, although it has not been confirmed whether his and his family's illness is avian flu related.
This raises interesting questions about potential similar claims in the U.S. The OSHA 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.” 29 U.S.C. § 654(a)(1). OSHA also requires employers to provide personal protective equipment when exposure to certain hazards is likely.
So if (or some would say when) we start facing bird flu exposure issues in U.S. workplaces, employers will at a minimum need to have some awareness of the potential threat of viral exposure, and will need to consider providing adequate training and equipment for addressing that risk. Note also that this might not be a question for high-risk occupations like police officers. One very difficult issue in the area of disaster preparedness and avian flu planning is for employers who require employees to travel abroad as a part of their jobs. Depending on where they must travel, even traditional white-collar jobs could pose a greater risk of exposure, and could therefore trigger obligations that employers take reasonable precautions on behalf of their employees.
For additional information on avian flu preparedness for employers, check out OSHA's web site on the subject.