SARS and the Workplace

The epidemic of Severe Acute Respiratory Syndrome (SARS) is a major cause for concern among employers.  Employers, especially those with a large expatriate workforce, are faced with the dilemma of having to balance their competing interests of protecting their staff while ensuring they uphold their legal obligations.

Occupational health and safety implications

Whilst there is no specific legislation dealing with the issue of SARS, employers have a responsibility to ensure a working environment that is safe and without risks to health for all employees.  There are also general obligations to monitor employee health; provide health and safety information and supervision; and provide adequate welfare facilities for employees.

Employers – in consultation with employees and/or their representatives – should develop and implement a written policy dealing specifically with SARS and like illnesses that may be readily transmitted in the workplace. 

Work-related travel

In accordance with World Health Organisation recommendations, where travel can be avoided it is safest to do so.  However, in those circumstances where travel is unavoidable, employers should follow the Australian Infection Control Guidelines.  In addition, employers should monitor the travel advisories, which may be issued by the Australian Department of Foreign Affairs or industry bodies.

Employees who do travel for work-related purposes to a country with a high rate of SARS could be required to consult a doctor upon return and be provided with a medical clearance certificate before returning to work.  In many cases, even when no symptoms are present, this will most likely result in employees being restrained from returning to work for a period of at least 10 days after visiting an at-risk location.  Various options are available to employers in such circumstances, such as enabling employees to work from home, providing employees with special leave or simply paying employees for this time.

Where an employee is quarantined

Where an employee returns from a location with a high rate of SARS, even when that employee is not manifesting any symptoms, it is still suggested that the employee undergo a medical examination prior to returning to work.  Whether as a precaution an employee should be quarantined remains uncertain.  Employers face the dilemma of having to balance the competing interests of ensuring the safety of their workforce, while also ensuring they do not discriminate against the employee.  Employers need to be particularly cautious where an employee is ready, willing and able to attend work.

In circumstances where an employee wishes to return to work but the employer would prefer for the employee to be quarantined, employers will need to consider providing additional leave to the employee or paying the employee.  If feasible, such employees could be provided with work to undertake whilst at home.

Discrimination

Employers need to be aware of the risks associated with requiring employees to obtain medical certificates prior to returning to the workplace.  Employers should ensure that clear policies are in place that treat all employees in like circumstances in the same manner.  Specifically, employers should be especially cautious to guard against discriminating against certain ethnic groups.