As you will be aware the World Health Organisation has declared the swine flu outbreaks to be a pandemic. This is so far related to the increasingly rapid spread of the virus, not its severity. The experience of those who have so far caught the virus in New Zealand have found it to be mild.
We have alerted all members by email about safe workplace practices when the pandemic was declared. However we thought it also a good idea to run thorough some ideas to assist you thinking about your business’s preparedness or plans should this situation develop to the point where larger numbers of the population may become infected and be unable to work. We suggest you look to the recovery phase after the pandemic has passed as a basis for your planning – actions you take during the pandemic will impact on your ability to return to business as usual.
It would be a good time to consider how you might manage any disruption to the workplace. Consider how staff absences may affect your operations, or if some work might be able to be done at home to save having your staff leave home. The Ministry of Economic Development has a guide on some more detailed suggestions for business continuity out free to download at www.med.govt.nz/upload/27552/planning-guide.pdf
Also an influenza pandemic may not be an issue covered by business interruption insurance, so this is something you might want to look into.
Employees will want to know if they will get paid if they become sick and take time off work due to the flu. We would suggest that at first instance you treat this as being no different to a normal case of absence through illness – employees will be able to use sick leave if available for them, and if they will be away for an extended period of time you could discuss them using their annual leave. However the situation could be different if you have required them not to be at work. You could work out a policy in consultation with your employees now before widespread sickness might occur. Every case will turn on its own facts so feel free to discuss your individual situation with us.
Work with your employees on a plan that will enable you to keep your business open as long as possible, or if you are an essential service, to remain open right through the pandemic. Keep yourself informed. Talk to your staff and supply chain so you can update your plan as things change.
Recognise the human dimension to a pandemic. People will have important and legitimate personal, family and community responsibilities (for example, childcare if schools are closed) - so your planning will need to treat them as a reality to work with, not as an inconvenience to avoid or work against.
Expect people to be concerned about contracting influenza during a pandemic – it is only natural. Good health and safety practices will provide the best framework for helping you respond to the risk of infection, and will assure people that all practicable steps have been taken.
In a pandemic situation, the biggest risk (and, therefore, the thing to try and eliminate, isolate or minimise as much as possible) is close contact between people. Think about your workplace and what is practical for you. Examples thanks to the Department of Labour include:
Eliminate the risk of possible infection through person-to-person contact:
Isolate the risk of possible infection:
Minimise the risk of possible infection:
At this stage do not panic, but do think through how you and your organisation will get through this pandemic should the circumstances worsen. We will be happy to provide further advice should you want it.
Will Martin
Barrister & Solicitor
