Smart executives know that health scares like the swine flu can emerge unannounced at any time. Fortunately, business continuity planning for health pandemics is similar to crisis plans for acts of God, according to two local attorneys who view preparedness as another form of insurance.
This type of planning creates advantages as businesses prepare for the next flu season, which could see a reemergence of the swine flu pandemic that caught many by surprise in April. Companies with plans already in place will have a distinct advantage, but even they might want to revise their plans with the understanding that business continuity basics still apply: create a plan with assigned roles and tasks, use technology to set up alternative work sites (especially the ability to connect from home), have data backed up in a second data center, communicate the plan, and practice it.
“If there are any differences, they would be subtle differences that would relate to unique issues that might arise as a result of the pandemic versus a natural disaster,” said Kyle Gulya, an attorney with von Briesen & Roper. “I think fundamentally, when it comes down to it, employers are going to face the same types of problems.”
Gulya looks at continuity planning from a workforce perspective. If the goal is to minimize disruption and come out of a crisis in the strongest possible position, he said managing risk involves very simple planning. He recommends taking this time, an economic recession, to analyze the structure of your workforce to understand its weaknesses, and then streamline the workforce and enhance cross-training opportunities.
The latter is especially important to avoid having a concentration of power, knowledge, and resources in any lower-level position — especially if those employees are key members of your crisis-management team. If one or more of those workers falls to the wayside in a health crisis, it can create difficulties for the employer and fellow employees. By cross-training, a business can protect its interests and increase each worker’s value.
“There are a lot of things that employers can do to protect their interests, but cross-training employees to cover gaps is a big area,” Gulya said. “A lot of employers haven’t updated their job descriptions in many years, and updating job descriptions now, especially as technology and job duties change, is imperative because employees should understand the roles and duties they need to perform and fulfill.”
Gulya also said this is an ideal time to update family and medical leave policies and practices, and evaluate policies regarding use of paid time off, attendance, and absenteeism.
Although she emphases healthy habits in the workplace, attorney Rochelle Klaskin, managing partner of Godfrey & Kahn’s Madison office, advises occasional tweaking of existing crisis plans. “You do need to review it every so often, especially if you haven’t been training on it or your employees aren’t aware that you have it,” she advised. “It should be pretty easy to access if you have an Intranet.”
During the swine flu scare, Klaskin’s law firm took steps to remind people to use their PTO time if they were sick. The firm also provided a document with links to information about swine flu, informed workers of backup child care options in the event their children’s school closed, and sent reminders about how to access e-mail off site.
In terms of mobile communications, Klaskin noted that Blackberries and iPhones can be used to access e-mail, the Internet, and even documents from work. However, staying connected in this manner has complicated furlough programs, and employers must police this. “If you are checking e-mail when you are not supposed to be working, and your employer is not paying you for that, there is a potential claim under the Fair Labor Standards Act,” Klaskin noted.
Some employers offer subsidies to help workers get connected from home, but Klaskin said crafting or revising a preparedness plan makes employers take a hard look at which employees should have remote access to business systems.
In the event of a flu epidemic or pandemic, preventative measures come in other forms, Klaskin noted. To control the spread of germs, employers can reinforce healthy habits with reminders to wash hands, and they can place sanitizer gels at work stations and copy machines.
“People tend to come into work sick, especially if they are on a deadline,” Klaskin noted. “Reinforce healthy habits, and remind people to stay at home when they are sick.”
One more ounce of prevention: if a worker does have swine flu, they still are protected by laws governing the confidentiality of health information in the workplace. As much as other workers may want to know whether a colleague has come down with swine flu, it’s none of their business.
“There is an obligation under the law to keep employee health information both segregated and confidential,” Klaskin cautioned. “Without someone’s consent to disclose that they have swine flu, an employer cannot simply offer up that information.”
