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Suggested Citation:"CONTENTS." National Academies of Sciences, Engineering, and Medicine. 2017. Public Transit Emergency Preparedness Against Ebola and Other Infectious Diseases: Legal Issues. Washington, DC: The National Academies Press. doi: 10.17226/24795.
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I. Introduction, 3 A. Understanding the Legal Issues Surrounding Emergency Preparedness for Infectious Disease Outbreaks, 3 B. Digest Overview, 4 II. Legal Background, 4 A. Overview of State Powers, 4 B. Overview of Federal Powers, 6 C. Additional Federal Laws, 9 D. Federal Laws at a Glance, 9 E. Employment Issues—Federal Protections, 10 F. Airports and Air Travel, 11 G. The Fourth Amendment, 12 H. Interplay of State and Federal Law, 12 I. Conflict of State and Federal Laws: Preemption, 13 III. Closures of Major Traffic Generators, 13 A. Introduction, 13 B. Definition of Closure of Major Traffic Generators, 13 C. State Power to Close Public Facilities, Private Facilities or Businesses, and Other Major Traffic Generators, 14 D. State Transit Authorities or Transportation Departments, 15 E. Case Study: Public Health Policies and the 1918–1919 Influenza Pandemic, 15 F. Additional Legal Issues with Closures of Major Traffic Generators, 16 IV. Full or Partial Suspension of Service, 17 A. Introduction, 17 B. State Powers to Suspend Service, 17 C. Additional Legal Issues, 18 V. Screening and Prescreening, 20 A. Definition of Public Screening and Prescreening of Passengers, 20 B. Screening, 21 C. Prescreening of Passengers, 25 D. Additional Legal Issues with Screening and Prescreening Practices, 26 E. International Case Study: Severe Acute Respiratory Syndrome Pandemic, 27 CONTENTS VI. Quarantine and Isolation, 28 A. Introduction, 28 B. State Powers to Quarantine and Isolate, 28 C. Federal Powers to Quarantine/Isolate, 32 D. Federal vs. State Quarantine/Isolation Powers at a Glance, 33 E. Additional Legal Issues with Quarantine and Isolation, 34 F. Case Study: The 2014 Ebola Outbreak, 36 VII. Employee Protocols and Work Safety, 38 A. Definition and Scope of Employee Protocols and Work Safety, 38 B. Employee Refusal to Work During an Outbreak, 40 C. Transportation Protocols, 42 D. Case Study: Worker Absenteeism Example from Pandemic Flu Planning, 43 E. Employee Protection on the Job, 44 F. Additional Legal Issues with Employee Protocols and Worker Safety, 45 VIII. Infection Control and Disinfection Measures, 47 A. Definition of Infection Control and Disinfection Measures, 47 B. Infection Control, 47 C. Social Distancing, 49 D. Monitoring and Tracking, 49 E. Interagency Coordination, 50 F. Disinfection Measures, 51 G. Legal Issues with Infection Control and Disinfection Measures, 53 IX. Conclusion, 54

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TRB's Transit Cooperative Research Program (TCRP) Legal Research Digest 50: Public Transit Emergency Preparedness Against Ebola and Other Infectious Diseases: Legal Issues examines responses to infectious disease epidemics and identifies legal issues that may be confronted by transit agencies. It considers federal and state laws and available court decisions affecting transit agencies’ responses to infectious disease outbreaks, including potential cohesiveness among transit agencies’ procedures and federal and state guidance. The digest also examines the legal basis for the protocols that public transit agencies and other transportation providers such as airlines have planned or implemented to respond to epidemics and pandemics. This report builds upon the 2014 NCHRP Report 769: A Guide for Public Transportation Pandemic Planning and Response.

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