by: russell d. mayer, adv. chen livnat, adv. dealing

8/14/2019 By: Russell d. Mayer, Adv. Chen Livnat, Adv. Dealing

1/3

Jerusalem Technology Park, Building 9; P.O. Box 48193, Malcha, Jerusalem 914 81 ISRAELTel #: +972-2-679-9533 Fax #: +972-2-679-9522

Email: [email protected] Url: www.livmaylaw.co.il

BY: RUSSELL D.MAYER,ADV.

CHEN LIVNAT,ADV.

SUBJECT: DEALING WITH INFECTIOUS DISEASES IN THE WORKPLACE

DATE: MAY 2009

We have been asked to provide our advice with respect to safeguarding the work environment

in the context of exposure to infectious diseases. We are taking the liberty of sharing that

advice with our clients and friends.

Employers need to take into consideration, and attempt to balance, several potentiallyconflicting factors (the Factors) in determining how to best address circumstances which may

develop:

1. an employers obligation, generally, to provide a safe work environment;

2. prohibition of defaming an individual;

3. an individuals right to earn a livelihood.

4. an employees right to privacy;

5. the States legitimate interest to prevent or at least minimize the spread of infectious

diseases;

Under all circumstances, an employer is expected to act with a standard of not less than that of

the reasonable man. With the worldwide concern with respect to the possibility of a pandemic,

every person is expected to exercise extra caution beyond typical precautions and care in

order to contain the spread of disease. Unsubstantiated rumors should be reasonably and

diplomatically examined before actions are implemented which would assume the truth of the

assertions while at the same time taking the Factors into consideration.

We believe that employers should implement the following procedures:

(a) distribute to all employees instructions with respect to how one is to behave if he has, or

reasonably believes that he has, an infectious disease attached is a sample of thoseinstructions (the Policy);

(b) the Policy should be objectively respected and implemented with respect to all

employees without discrimination or favoritism;


2/3

2

(c) employees whom the employer knows or suspects have infectious diseases should be

reminded of the Policy in private and without drawing attention that the communication

is being made;

(d) if the employer knows or reasonably suspects that an employee has a debilitating or

extremely serious infectious disease, that employee should be instructed to leave theworkplace as soon as possible, to seek medical care and to remain outside of the office

until the employee can present a note from a licensed medical doctor confirming that the

employee is sufficiently healthy to return to the workplace and that the employee is not

contagious nor poses a risk of infecting others;

(e) if the employer knows or reasonably suspects that an employee has the H1N1 virus

(AKA Swine Flu), she should advise those employees that may have come into close

contact with that individual, that they should seek professional medical advice.

* * *

Best wishes for your and your employees good health.

This memorandum is not to be considered as a legal opinion.

For legal advice, we suggest that you contact legal counsel directly.

R.D.M.

2009 - All rights reserved


3/3

by: russell d. mayer, adv. chen livnat, adv. dealing

Documents