Online Safety Community

Here's a question that came up here at work the other day.
An employee of a construction company flew down to Mexico to get his sick wife (no confirmation that what she had was the swine flu, but it would seem, from the symptoms, that it was). The day after flying down there and bringing her back home he shows up for work.
The crew foreman wants to know what he can and can't do.
Can he force the man to stay home? Can he require him to get tested?
He doesn't want to pay the worker to stay home or he'll create a precedence.
Any suggestions on what he can and can't do?

Tags: Swine, flu, questions

Views: 13

Reply to This

Replies to This Discussion

Can he get a Doctor's note before returning to work?
He might be able to but...
1. Can the company make him, seeing as he isn't sick himself
2. The confirmation of the swine flu takes a few days so it wouldn't really do much good.
I think it would depend on a lot of things, including the country and state, the company's leave policy, etc.

No I don't believe the foreman can 'force' the worker into getting tested. Does the company have a policy statement on liberal leave, illness, (preferably a pandemic policy). That is where you should start. What ever is decided, the company must make it an across the board policy to keep from discriminating.

Tell him Good Luck,

Pam
Heather,

I agree that if you make a rule up front you can hold employees to the choice that they make. Unfortunately, in this case there isn't a pandemic policy or any kind of rule that the employee knew about before he made the choice to go get his wife. Not sure what the ramifications would be for the company if they forced him to take time off without pay.
I would get a lawyer involved in figuring out what is legal to do. Does the employee want to come back to work?

Pam
Yes, the employee does not want to take time off work as he doesn't get paid.
This goes back to something that I posted a couple days back about sick time. I actually read in the Seattle Sun Times this morning that less than 36% of the work force has paid sick leave.
Telling these people to stay home when they are sick in order not to spread the flu isn't going to any more effective than the "Just say 'No!'" campaign to keep kids off of drugs.
What about having workers who exhibit symptoms or are caring for an ill family member with a confirmed or suspected case of H1N1 to be required to wear an N95 face mask? It would go a long way toward protecting other workers, without the requirement to stay home without pay.
I'm not sure what to do about a situation that has already happened. However, it is past time for the crew foreman to talk to the corporate, or the company lawyer.

I suspect the company doesn't have an emergency action plan, or at least not an effective one. The EAP will need to be upgraded to cover a situation like this in the future.

Pam
I agree. I'm not sure that there is much that they can do at this point but they might be able to learn from this and put something down on paper to avoid similar situations in the future.
This is something that might be a good idea for any company.

RSS

Take our poll!

Take our poll!

Latest Activity

Profile IconMOHAMED KHALIFA ALBAHI, Evelyn Ferrer and Brett Lamont joined Online Safety Community
Thursday
Wayne Harris posted a discussion

My Personal Safety Quotes that I use in conferences and management training programs

Over the years I have come up with several of my own safety and leadership quotations that I have used in either in conferences, meetings or training sessions.  Sometimes you can say just a few words and the message sticks with people for the rest of their lives.   I have put below a few of my favourites that I have had success with when trying to make people accept their responsibilities and actual become actual leaders. …See More
Thursday
Wayne Harris posted a blog post

My Personal Safety Quotes:

 Over the years I have come up with several of my own safety and leadership quotations that I have used in either in conferences, meetings or training sessions.  Sometimes you can say just a few words and the message sticks with people for the rest of their lives.   I have put below a few of my favourites that I have…See More
Thursday
John Robinson posted events
Thursday

Forum

Free Safety Guides 3 Replies

We all know how important it is to implement a safe environment for our employees. Creative Safety Supply offers many free safety guides, however we are looking to provide more free guides and are…Continue

Tags: Guides, Safety

Started by Mike Wilson. Last reply by Ellen Zoneth on Friday.

safety equipments in breweries 1 Reply

safety equipments in breweries -- kindly provide detailsContinue

Started by ajit. Last reply by Ellen Zoneth on Friday.

My Personal Safety Quotes that I use in conferences and management training programs 1 Reply

Over the years I have come up with several of my own safety and leadership quotations that I have used in either in conferences, meetings or training sessions.  Sometimes you can say just a few words…Continue

Tags: training, conference, Leadership, Quotes, Safety

Started by Wayne Harris. Last reply by Ellen Zoneth on Friday.

What's your favorite motivational/safety quote? 54 Replies

Favorite Motivational Quote: If you want something, you'll find a way - If not, you'll find an excuse.Favorite Safety Quote: Don't learn safety by accident!Continue

Started by Michelle Sears. Last reply by Ellen Zoneth on Thursday.

About Me 1 Reply

Sarah Chamberland has completed a Diploma in Manufacturing and testing. His responsibilities include production and safety inspection of construction equipment and also repair services for equipment.…Continue

Started by Sarah Chamberland. Last reply by Ellen Zoneth on Thursday.

Badge

Loading…

© 2013   Created by Safety Community.   Powered by

Badges  |  Report an Issue  |  Terms of Service