A Model Bioevent Emergency Response and Recovery Plan for Employers Jeffrey Tanenbaum, Nixon Peabody LLP Allyce Kimerling, Staff Counsel, Cal/OSHA

Policy and Procedure Development and Adoption Legal obligations Legal obligations Consistent with contractual obligations, other policies Consistent with contractual obligations, other policies Appropriate changes to other policies Appropriate changes to other policies Satisfied collective bargaining obligations Satisfied collective bargaining obligations Notice to employees Notice to employees Included new policy in employee handbook Included new policy in employee handbook Effective training on the new policy Effective training on the new policy Protecting third parties on premises Protecting third parties on premises

Essential Elements Identification of person(s) with responsibility and authority Identification of person(s) with responsibility and authority Establish response team Establish response team Education and training of all employees Education and training of all employees Prevention Prevention Risk factors Risk factors Symptoms Symptoms Policy and procedures Policy and procedures Drills and practice Drills and practice Obtain current and pertinent information during an outbreak Obtain current and pertinent information during an outbreak

Essential Elements cont’d Emergency communication systems Emergency communication systems Coordinate with public health officials and emergency personnel Coordinate with public health officials and emergency personnel Prevention Prevention Hand washing protocols Hand washing protocols Hand washing facilities and supplies Hand washing facilities and supplies Non-water based hand sanitizers Non-water based hand sanitizers First aid kit supplies First aid kit supplies Respirators? Respirators?

Essential Elements cont’d Prevention cont’d Prevention cont’d PPE PPE Gloves? Gloves? Gowns? Gowns? Other? Other? Medical issues Medical issues Mandatory reporting of symptoms? Mandatory reporting of symptoms? Screening Screening Vaccinations? Vaccinations?

Essential Elements cont’d Prevention cont’d Prevention cont’d Isolation/Quarantine Isolation/Quarantine Mandatory sick leave? Mandatory sick leave? Removal from work? Removal from work? Travel restrictions Travel restrictions Contamination protocols Contamination protocols

Staffing Issues Identification of critical, emergency staff Identification of critical, emergency staff Contingent/supplemental staff Contingent/supplemental staff Alternative workplace issues Alternative workplace issues Telecommuting Telecommuting Travel restrictions Travel restrictions Leave of absence Leave of absence Benefit programs Benefit programs

Staffing Issues cont’d Available health care resources Available health care resources Return to work protocols Return to work protocols Workplace security issues Workplace security issues

Community Service How can employees protect themselves and their families at home? How can employees protect themselves and their families at home? What services and/or supplies do you have that will be needed in the community – and how will you provide them? What services and/or supplies do you have that will be needed in the community – and how will you provide them? Coordination with other area or industry employer groups and/or community based organizations? Coordination with other area or industry employer groups and/or community based organizations?

Policy Implementation Have you reviewed each case or outbreak on its own merits—including but not limited to the following factors? Have you reviewed each case or outbreak on its own merits—including but not limited to the following factors? Guidance provided by the CDC, WHO, local public health authorities and other government authorities and medical experts Guidance provided by the CDC, WHO, local public health authorities and other government authorities and medical experts The seriousness of the illness The seriousness of the illness The ease, or lack thereof, of transmission of the illness in your workplace environment The ease, or lack thereof, of transmission of the illness in your workplace environment

Policy Implementation cont’d The likelihood that the employee in question was exposed The likelihood that the employee in question was exposed The availability of medical screening tools The availability of medical screening tools The availability of a vaccine and (a) whether the potentially exposed employee was vaccinated and (b) whether it is medically and legally advisable for other employees to be vaccinated The availability of a vaccine and (a) whether the potentially exposed employee was vaccinated and (b) whether it is medically and legally advisable for other employees to be vaccinated

Policy Implementation cont’d Whether there are feasible steps that can be taken to minimize or prevent transmission in the workplace (hand washing, disinfecting work surfaces, surgical masks, etc.) Whether there are feasible steps that can be taken to minimize or prevent transmission in the workplace (hand washing, disinfecting work surfaces, surgical masks, etc.) Whether it is feasible and sensible to provide assignments that can be performed at home or from other work locations by the potentially exposed employee Whether it is feasible and sensible to provide assignments that can be performed at home or from other work locations by the potentially exposed employee Whether the illness, or exposure to illness, was work ‑ related Whether the illness, or exposure to illness, was work ‑ related

Policy Implementation cont’d Have you treated like cases alike? Have you treated like cases alike? Have you complied with all wage and hour requirements with regard to paid or unpaid leave? Have you complied with all wage and hour requirements with regard to paid or unpaid leave? Have you allowed the employee to utilize all benefits to which he or she is entitled as a matter of law and/or under your employer’s policies? Have you allowed the employee to utilize all benefits to which he or she is entitled as a matter of law and/or under your employer’s policies?

Policy Implementation cont’d Have you educated your employees as to the risks of transmission, company policies and reporting obligations? Have you educated your employees as to the risks of transmission, company policies and reporting obligations? Have you reviewed your decision to make sure that you have not engaged in discrimination on the basis of a disability or the perception of a disability, or on the basis of any other protected classification (national origin, gender, etc.)? Have you reviewed your decision to make sure that you have not engaged in discrimination on the basis of a disability or the perception of a disability, or on the basis of any other protected classification (national origin, gender, etc.)?

Policy Implementation cont’d Have you reviewed your decision to make sure that you have not engaged in discrimination based on the fact that an employee has filed a claim for workers’ compensation benefits or has indicated an intention to file a claim for such benefits? Have you reviewed your decision to make sure that you have not engaged in discrimination based on the fact that an employee has filed a claim for workers’ compensation benefits or has indicated an intention to file a claim for such benefits? Have you properly responded to any request for reasonable accommodation from an employee who is either disabled by a communicable illness or who has a disability that would put them at greater risk of exposure to a communicable illness in the workplace? Have you properly responded to any request for reasonable accommodation from an employee who is either disabled by a communicable illness or who has a disability that would put them at greater risk of exposure to a communicable illness in the workplace?

Policy Implementation cont’d Have you taken appropriate steps to protect the confidentiality of medical information including, but not limited to, security of files containing medical information and limiting disclosure of medical information on a “need to know basis?” Have you taken appropriate steps to protect the confidentiality of medical information including, but not limited to, security of files containing medical information and limiting disclosure of medical information on a “need to know basis?” Have you complied with applicable workers’ compensation laws for any illness deemed to have arisen out of the course and scope of employment? Have you complied with applicable workers’ compensation laws for any illness deemed to have arisen out of the course and scope of employment?

Policy Implementation cont’d Have you provided all employees who have been exposed to a communicable illness in the course or scope of the employment, a workers’ compensation claim form? Have you provided all employees who have been exposed to a communicable illness in the course or scope of the employment, a workers’ compensation claim form?

Business Continuity/ Resumption Issues Have you planned based on increases or decreases in demand for your services and/or products in the event of an outbreak? Have you planned based on increases or decreases in demand for your services and/or products in the event of an outbreak? Have you planned for alternative sources of supplies and/or different needs for supplies in the event of an outbreak? Have you planned for alternative sources of supplies and/or different needs for supplies in the event of an outbreak? Have you planned for transportation disruptions? Have you planned for transportation disruptions? Have you planned for disruption of basic services – to include phone and internet service? Have you planned for disruption of basic services – to include phone and internet service?

Legal Review If your answer is “no” or “I don’t know” to any of the items on this checklist, have you consulted legal counsel? If your answer is “no” or “I don’t know” to any of the items on this checklist, have you consulted legal counsel? Have you had your policy reviewed for legal compliance? Have you had your policy reviewed for legal compliance?