The Obama administration declared a public health emergency regarding the swine flu outbreak to ensure that the Department of Health and Human Services has the resources it needs to respond quickly and effectively in the event that the pandemic threat level is raised.

The World Health Organization recently raised the alert level to phase 4 — level six being a full pandemic — meaning that there is sustained transmission among people in at least one country. Monday was the first time this alert level was raised above phase 3.  Secretary Janet Napolitano, head of the Department of Homeland Security, told reporters that the U.S. is preparing as if the swine flu outbreak is a full pandemic. President Obama assures the public that it is not a cause for alarm but rather a "heightened state of alert.” Labor Secretary Hilda Solis has recently stated that enforcing worker safety and health regulations would be one of her top priorities. 

Employers should assemble a pandemic team and devise a plan if they have not already done so. The team should develop a coordinated and efficient pandemic response plan so that the needed public health information is gathered and transmitted, and that communications to managers and employees about operations, cleaning protocols, leave of absences and benefits are consistent and effective. This information should be disseminated so anticipated disruptions are managed effectively while avoiding litigation risks and panic in the workplace.  

It is anticipated that the CDC and federal and state Occupational Safety and Health agencies will issue new guidance regarding swine flu.  Once the new guidance is received, employers should review their pandemic plan to ensure it is consistent with the guidelines

In the meantime, the most effective way to prevent spreading the virus is to avoid close contact with potentially infected people. Because influenza is thought to spread mainly person-to-person through coughing or sneezing, it is important to take precautions by covering your nose and mouth with a tissue when you cough or sneeze. Wash your hands often with soap and water, and avoid touching your eyes, nose or mouth. Alcohol-based hand cleaners are also effective. If you or members of your household get sick, the CDC recommends that the ill person stay home from work or school and limit contact with others. 

For more information, see Littler's ASAP: Swine Flu: Preparing the Workplace for a Pandemic by Steve McCown and Donald W. Benson.

In addition, Littler will be offering a webinar on Tuesday, May 5, 2009 and invites interested parties to attend a more detailed discussion of the issues faced by employers in developing effective pandemic plans. Click here for information about Littler's webinar.