Employers must be prepared to send staff home as swine flu spreads

Employers are being warned to review their risk management plans and be prepared to send sick staff home as the number of confirmed cases of swine flu in Australia has risen to 17, with a second case of the virus confirmed in Queensland this morning.

Joydeep Hor, managing partner at Harmers Workplace Lawyers says business owners and managers much realise that they have an obligation to keep their workplace safe at all costs and the right to send stick staff home “trumps every other risks or right in the workplace”.

“Employers have an obligation to ensure that the workplaces are safe and that obligation is an absolute obligation. They have to do whatever they have to do to keep that workplace safe.”

But there are a few traps for the unwary. For starters, it is assumed than anyone sent home will be done so on full pay, regardless of whether they have sick leave owing or not.

Second is the question of communication. If you don’t announce you are sending a sniffly staff member home, you create suspicion around that person. If you do announce it to the team, you risk creating a bit of panic.

“The best advice is to indicate that a person has gone home unwell, preferably with their permission to do so,” Hor says.

He also says employers have a right to demand a staff member obtains medical clearance before they are allowed to return to work.

“It’s all part of that absolute responsibility around safety.”

Late last week the Federal Government raised its pandemic alert from the “delay” to the “contain” phase. This could eventually lead to “social distancing” measures such as cancellation of sporting events and concerts.

Most of the swine flu cases are in Melbourne, where 11 people have been confirmed with the virus. Two schools have also been closed for a week after students contracted swine flu.

In New South Wales, the Government has decided that any student returning from an infected area (such as Mexico) will not attend school for a week. This will allow time for any symptoms to appear.

Hor says Australian businesses, which typically are not very good at contingency planning, should use the spread of swine flu as a reason to review their risk management procedures.

“It’s a good opportunity to think through what would happen if key members or a number of members of your team were off sick.”

Hor also says the school closures emphasise that authorities have a level of power to shut down worklplaces for a certain period of time in some circumstances. While this is highly unlikely, it might be something worth factoring in to your worst-case scenario.

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