Ogletree, Deakins, Nash, Smoak & Stewart

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On August 4, 2022, the Biden administration declared the monkeypox outbreak a public health emergency. This comes at a time when the number of cases in the United States is rising rapidly and with cases being found in almost every state. This statement primarily affects testing and vaccination. The government’s focus on vaccination has been mainly on health care workers treating monkeypox patients and men who have sex with men. The statement follows the World Health Organization’s (WHO) declaration last month of monkeypox as a public health emergency of international concern. Information affecting the workplace is still somewhat limited. The US Centers for Disease Control and Prevention (CDC) recommends that people with monkeypox remain isolated at home or in another location for the duration of the illness, which can usually last two to four weeks. It is not yet known whether monkeypox can be transmitted through respiratory secretions. Therefore, a well-fitting mask and frequent hand washing are probably important preventive measures. Monkey pox can spread to anyone through close, personal, often skin-to-skin contact, including:

through direct contact with a rash, scab, or body fluids from a person with monkeypox. touching objects, fabrics (clothing, bedding or towels) and surfaces that have been used by someone with monkeypox. and possibly through contact with respiratory secretions.

Employers may wish to educate their employees about monkeypox, including that employees with concerns should consult their physicians or health department and may wish to inquire about testing and vaccination. Employers may also wish to consider how they will handle absences of up to one month if telecommuting is not possible and/or when telecommuting is possible. Knowledge is often a way to avoid workplace panic, and both the CDC and WHO have excellent fact sheets on their websites. Government health agencies are likely to have them as well.

It may also be worth considering how to protect employees who are required to handle linen used by other people, people who are often in close contact with others for extended periods, or who come into close physical contact with others. For example, in the monkeypox congregate setting guidelines, the CDC recommends using personal protective equipment (PPE) when cleaning the area where a person with monkeypox has spent time. The CDC also stated in its monkeypox congregate setting guidelines that “[e]employers must comply with [the Occupational Safety and Health Administration’s] standards for blood-borne pathogens…, PPE…, Respiratory Protection… and other requirements, including those established by state plans, whenever such requirements apply.” Public health officials stress the fact that anyone can get monkeypox. The current epidemic is most prevalent among men who have sex with men, but it can spread to anyone. Employers may want to stay tuned to any workplace harassment or discrimination resulting from misinformation about the disease. The content of this article is intended to provide a general guide on the subject. Expert advice should be sought regarding your particular circumstances. POPULAR ARTICLES ON: Employment and HR from the United States Rules of confidentiality in workplace investigations Wilentz, Goldman & Spitzer In 2019, the National Labor Relations Board (“NLRB”) ruled that employer rules requiring employee confidentiality during workplace investigations are categorically legal.