Swine flu: How employers should respond to the threat of pandemic

Australia and New Zealand authorities are investigating over 50 possible cases of swine flu. While it is hoped that the threat will be contained the reports are serious enough for employers now to actively consider their management plans and strategies for their workforce in the event of a pandemic.

Ensuring business continuity

Being prepared is the most important thing businesses can do now to respond to any pandemic. In the past few years, businesses have had the threat of avian flu and SARS as warnings to have up to date business continuity plans in place. 

The latest concerns over swine flu suggest employers who still do not have those plans available should take steps to address this now. The plan should have an emphasis on continuity in the event of high absenteeism and interruptions to the supply of goods and services. Absenteeism could be as high as 30 to 50% at the peak of a pandemic and for many 
workplaces this would extremely challenging even for a short time. 

What employment obligations need to be considered in a business continuity plan?

There are a number of legal issues that arise that may confuse an employer's response to the management of this risk. Questions arise around workplace health and safety, equal opportunity, privacy and industrial relations. Employers should be able to answer the following questions:

• How will we meet our workplace health and safety obligations to employees in a pandemic?
• Can we direct employees to attend or not to attend work?
• Would we have to pay employees?
• Can we direct employees to perform different functions or to work from another location?
• Can our employees refuse to attend work?

What can I do to prepare?

Employers should review their current business continuity processes, including crisis plans, disaster recovery, denial of access, loss of production, alternative management options (virtual, offshore, maintaining a reserve), communication strategies and travel policies. For employers strong communication strategies are the backbone to good planning. Employers should consider how to manage the risk of providing a safe place of work and how they will treat employees who are at home during a pandemic and how to inform staff. Especially consider procedures for sending staff home, personal and carer’s leave, leave entitlements and arrangements to work from home.

Being in a position to implement a business continuity plan that includes answers to these questions will take out some of the confusion that may beset businesses if a pandemic was to eventuate.

For further information contact:

John Tuck, Partner
T: +61 (0)3 9274 5051
M: +61 (0)434 181 323
E: john.tuck@dlaphillipsfox.com

Clare Buttner, Media Relations Consultant
T: +61 (0)2 9286 8400
M: +61 (0)415 932 936
E: clare.buttner@dlaphillipsfox.com