Are employers required to provide employees with infection control supplies and personal protective equipment (PPE) to prevent or slow the transmission of influenza?

Workplace safety law requires employers to provide a workplace free from hazards likely to cause death or physical harm.  The Department of Labor’s Occupation Safety and Health Administration has provided detailed guidance on how to protect workers during flu season (Guidance on Preparing Workplaces for an Influenza Pandemic).

Employees who perform certain types of healthcare tasks for patients who may have the flu, may be at a higher risk of exposure to the seasonal flu virus at work.  Precautions include using a combination of safe work practices and personal protective equipment (PPE) to reduce exposures to workers who are at high risk.  Where the employer has evaluated the work site and determined that PPE is required to be worn by employees, it is the employer’s responsibility to assure that PPE is provided at that site.  For guidance on selecting PPE, employers can consult the OSHA’s guidance referenced above. 

There are various levels of control that can be used to protect employees who are at a higher risk of exposure including, engineering controls, work practices, administrative controls, and PPE.  Some examples of these controls include: modifying patient intake, triage, and other service areas to increase space between workers, coworkers, and patients (e.g., installing sneeze guards or partitions), promoting personal hygiene measures, and use of gloves or other PPE.   Employers will need to use a combination of these controls its protect employees.  Signage in common areas around the workplace encouraging and explaining how to use these controls may increase awareness and good hygiene behavior.

Employers should also educate their workers about good hygiene and infection control practices.

Note: As an overall matter, employers should be guided in their relationship with their employees by federal, state, and local employment law, and by the company-specific application of these laws as reflected in employee handbooks, manuals, and contracts (including bargaining agreements).

Not all of the employment laws referenced apply to all employers or all employees, particularly state and local government agencies.  For information on whether a particular employer or employee is covered by a law, please use the links provided for more detailed information.  This information is not intended for federal agencies or federal employees -- they should contact the U.S. Office of Personnel Management (OPM) for guidance.

Last Reviewed: 09/01/2011

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