November 20, 2018

November 19, 2018

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Federal Guidance for Employers and Workers on Exposure to Zika Virus

The Occupational Safety and Health Administration (OSHA) and the National Institute for Occupational Safety and Health issued interim guidance on April 10, 2016, for protecting outdoor workers who may be exposed on the job to mosquitos and healthcare and laboratory workers exposed on the job to body fluids of individuals infected with Zika virus.  Although the guidance is not a standard or regulation, employers should be mindful that OSHA can always issue citations under the General Duty Clause (OSHA’s catch all provision requiring all employers to provide employees with safe workplaces and safe work) should the agency find that an employer did not take sufficient precautions to protect employees from the virus.

Employers with outdoor workers, including seasonal retail lawn and garden workers in areas affected by the Zika, and workers in the healthcare industry should consult the guidance for information about the risk of exposure and effective worker protections.

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About this Author

Laura Stutz, class action employment litigator, Epstein Becker Law Firm
Senior Counsel

Laura A. Stutz is a Senior Counsel in the Labor and Employment practice, in the firm's Newark office.

Ms. Stutz's class action representations have concerned challenges under federal statutes, such as the Fair Labor Standards Act as well as state statutory law (including state wage and hour laws and unfair and deceptive acts and practices statutes). Most recently, Ms. Stutz has obtained dismissal on the pleadings of a class action brought under the Equal Pay Act by the Equal Employment Opportunity Commission.

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