09 August 2022
Ogletree, Deakins, Nash, Smoak and Stewart
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On August 4, 2022, the Biden administration declared the monkeypox outbreak a public health emergency. This comes at a time when the number of cases in the United States is rising rapidly, with cases being found in almost every state. This statement mainly affects testing and vaccination. Government attention to vaccination has focused mainly on health workers who treat smallpox patients and men who have sex with men. The statement follows the World Health Organization’s (WHO) declaration last month of monkeypox as a public health emergency of international concern.
Information affecting the workplace is still somewhat limited. The US Centers for Disease Control and Prevention (CDC) recommends that people with monkeypox remain isolated at home or elsewhere for the duration of the illness, which can typically last two to four weeks.
It is not yet known whether monkeypox can be transmitted through respiratory secretions. Accordingly, a suitable mask and frequent hand washing are probably important preventive measures.
Monkey pox can spread to anyone through close, personal contact, often skin-to-skin, such as:
- by direct contact with the rash, scabs, or body fluids of a person with smallpox;
- by touching objects, fabrics (clothing, bedding or towels) and surfaces that have been used by someone with smallpox; i
- possibly by contact with respiratory secretions.
Employers may want to educate their employees about monkeypox, including that employees with concerns should consult their doctors or the health department, and may want to learn about testing and vaccination. Employers may also want to consider how they will handle absences of up to a month, if remote working is not a possibility and/or when remote working is a possibility. Knowledge is often a way to avoid panic in the workplace and both the CDC and WHO have excellent fact sheets on their websites. State health agencies likely have them as well.
It may also be worth considering how to protect employees who must handle linens used by other people, people who are often in close contact with others for extended periods, or who come into close physical contact with others. For example, in its monkeypox setting guidelines, the CDC recommends that personal protective equipment (PPE) be used when cleaning the area where a person with smallpox has spent time.
The CDC also stated in its monkeypox setting guidelines that “[e]employers must comply [the
Occupational Safety and Health Administration’s] rules on blood-borne pathogens …, PPE …, respiratory protection … and other requirements, including those established by state plans, whenever such requirements apply.”
Public health officials stress the fact that anyone can contract monkey pox. The current outbreak is most common among men who have sex with men, but it can spread to anyone. Employers may want to be on the lookout for any harassment or discrimination in the workplace as a result of misinformation about the disease.
The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your specific circumstances.
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