Public Transit Emergency Preparedness Against Ebola and Other Infectious Diseases: Legal Issues (2017) / Chapter Skim
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Pages 38-46
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From page 39... ...
39 Table 2. States without OSHA-Approved Plans408 Alabama Arkansas Colorado Delaware Florida Georgia Idaho Kansas Louisiana Massachusetts Mississippi Missouri Montana Nebraska New Hampshire North Dakota Ohio Oklahoma Pennsylvania Rhode Island South Dakota Texas West Virginia Wisconsin In states without approved OSHA plans, standards of workplace health and safety are governed by any statutes that the respective states may have in place.
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From page 40... ...
40 close contact and airborne particles,419 failure to remove an infected, or possibly infected, worker could seriously imperil the health and well-being of all other employees. Consequently, as long as a significant risk of transmission exists, the Court's holding in Arline suggests a sound legal basis for compulsory leave.
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From page 41... ...
41 of transportation in emergencies has been noted repeatedly.428 Similarly, in a declared emergency or PHE, Governors may use their broad powers to require transit agencies to aid in response efforts. For example, Arizona law states that the Governor "may direct all agencies of the state government to utilize and employ state personnel, equipment and facilities for the performance of any and all activities designed to prevent or alleviate actual and threatened damage due to the emergency."429 Such statutes could be used to compel state transportation employees to work during an IDO.
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From page 42... ...
42 court for violations of the FMLA.443 In the 2003 case, Hibbs, an employee of the Nevada Human Resources Department sought and received leave under the FMLA to care for his ailing wife.444 In deciding the case, the majority found that Congress' intent for the FMLA to be enforceable against all employers was "unmistakably clear," and upheld Hibbs' FMLA claim against the state of Nevada in federal court.445 5. Federal Employees Family Friendly Leave Act The FFLA confers unpaid, job-protected leave for general family care and bereavement purposes.446 Notably, the Act expands on the scope of the FMLA by permitting up to 13 days of sick leave for the preparation of funeral arrangements.447 The Act allots full-time employees up to 12 weeks of sick leave per calendar year for long-term care of a family member with a serious health condition.448 Despite the Act's similarity to the FMLA, it is a separate and distinct program.
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43 Though symptoms were similar to the seasonal flu with more associated respiratory complications associated with it, public health officials warned the outbreak could be widespread and began responding early. On April 15, 2009, the first U.S.
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44 2. Personal Protective Equipment To minimize the risk of exposure and infection, workplaces should make use of personal protective equipment (PPE)
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45 infected with the virus.483 Cabin cleaners in Philadelphia also rallied, citing concerns about their health in light of potentially inadequate training and protections.484 In other parts of the country, local unions scheduled meetings with their cabin and terminal cleaners to discuss CDC and WHO cleaning guidelines. A statement issued by the Services Employees International Union Local 32BJ, Boston, stated its training was to specifically cover "guidelines for cleaning airplane cabins and lavatories, for cleaning an area with possible Ebola exposure, and for determining which equipment employers are required to supply."485 These examples demonstrate the importance of communicating with workers and ensuring they feel they are protected and well-equipped to handle an IDO.
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From page 46... ...
46 could theoretically place a transit agency in violation of the ADA.493 Regarding disaster planning, transit agencies should thus prepare for the possibility that they may be called upon to transport all passengers, ill or otherwise, during a declared state of emergency or PHE. Consequently, transportation agencies should consider providing employees with additional training that focuses on how to properly interact with infected or suspected infected passengers and proper PPE usage.
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