Public Health Authorities Hermes Fernandez Member Bond, Schoeneck - - PDF document
3/4/2020 Coronavirus COVID-19 1 Public Health Authorities Hermes Fernandez Member Bond, Schoeneck & King hfernandez@bsk.com Albany, NY 2 1 3/4/2020 Public Health Authorities Federal Government New York State Government o
3/4/2020 1
Member Bond, Schoeneck & King hfernandez@bsk.com Albany, NY
1 2
3/4/2020 2
−NYC and Local Departments of Health Primarily County Departments of Health
3 4
3/4/2020 3
attendance
5 6
3/4/2020 4
immigrants and non-immigrants who were physically present in the People’s Republic of China during the fourteen days prior to their attempted entrance
−Covers immigrants, tourists and business travelers −Subject to expansion from other countries −Iran already added
within fourteen days of reentry subject to quarantine
subject to health screening and up to 14 days
7 8
3/4/2020 5
−Approval of drugs for safety and efficacy −Includes vaccines
−Coordination and tracking −Approval of testing kits −Lab work
9 10
3/4/2020 6
treatment of disease
services for communicable diseases
camps, hotels, public eating and drinking establishments and other businesses and activities affecting public health
communicable diseases
11 12
3/4/2020 7
−State Sanitary Code −Deals with any matter affecting the life or health in the State of New York −Establishes communicable diseases −Sets rules for contact, communication and disinfecting of places where communicable diseases found
disease
‒ Part 2 of the DOH Regulations ‒ Communicable Disease defined in Part 1
13 14
3/4/2020 8
15 16
3/4/2020 9
17 18
3/4/2020 10
19 20
3/4/2020 11
−Websites −Public Announcements
−To the Board of Health −To the Health Department Full name, age and address (including unusual diseases), disease within 24 hours Even after death
21 22
3/4/2020 12
23 24
3/4/2020 13
disease in a hospital or elsewhere when necessary for protection of the public health
infected premises, places and things, and require, and if necessary provide the means for the thorough purification and cleansing of the same
25 26
3/4/2020 14
− Every local board of health and every health officer shall guard against the introduction of . . . Communicable diseases . . . , by the exercise of proper and vigilant medical inspection and control of all persons and things infected with or exposed to such diseases.
placard by the Commissioner or his designee
27 28
3/4/2020 15
immediately upon discovering a case of highly communicable disease to cause the patient to be isolated pending official action by the health
entrance to any house, building, or vessel or
duties, nor shall any person interfere with or
29 30
3/4/2020 16
$250 and up to fifteen days in jail
−Dangerous to others
31 32
3/4/2020 17
such conditions, and for such time, as will prevent transmission of the infectious agent
infected article
to premises designated by the health officer
33 34
3/4/2020 18
can require cleansing, disinfecting, and even destruction of premises, furniture and clothing following release, death or removal of infected person
epidemic
regulations, but must specifically state the laws and regulations suspended
resolution
35 36
3/4/2020 19
communicable or infectious disease reportable under the public health law that imposes a significant risk of infection of others in the school, [the student] shall be excluded . . . .” Education Law section 906(1)
Health
Code
for Covid-19 between City and State
37 38
3/4/2020 20
navirus/
39 40
3/4/2020 21
Associate Bond, Schoeneck & King trusnak@bsk.com Rochester, NY
41 42
3/4/2020 22
the workplace: the Americans with Disabilities Act (ADA) and the New York Human Rights Law (NYHRL)
require reasonable accommodations for disabilities
43 44
3/4/2020 23
meets the criteria under ADA and NYHRL
be unavailable for work, and may be subject to reasonable accommodations
disabled person must be “qualified” to perform their job duties
to the health and safety of others, they are not “qualified” within the meanings of the laws
“direct threat,” courts look at a series of factors
45 46
3/4/2020 24
infectious)
third parties), and
will cause varying degrees of harm
air and through person-to-person contact
weeks
not fatal
unclear as medical knowledge develops
47 48
3/4/2020 25
that allows an employee to perform the essential functions of his/her job, without causing an undue hardship to the employer.
“undue financial and administrative burdens” or requires “a fundamental alternation in the nature
the risk to others, and allows the employee to recover
discretion (employees may also be able to use accrued paid time off)
49 50
3/4/2020 26
are free of the contagious disease
professional that the employee can return to work
periods of time
condition” eligible for leave under FMLA?
impairment or other condition that involves inpatient care or continuing treatment by a health care provider
51 52
3/4/2020 27
stay, then FMLA applies (maximum of 12 weeks)
cannot return to work (ex. period of quarantine could be considered course of treatment)
treatment or other health condition-related reasons
quarantine, likely FMLA applies for that period of time, as it could be considered “continuing treatment”
themselves, without any medical certification, then FMLA may not apply
53 54
3/4/2020 28
York employees to care for a family member with a “serious health condition”
way as under FMLA
can qualify as “serious health conditions”
55 56
3/4/2020 29
from overseas (who do not have symptoms), be tested for the virus?
recommend employees get tested for the virus before they return to work. If an employee
threat” assessment
show symptoms be forced to stay home for 14 days (duration of period of incubation) by their employer?
are not calling for a quarantine, forcing asymptomatic employees to stay home may be viewed as discriminatory.
57 58
3/4/2020 30
whose destination is unknown, or who have travelled to a country where the infection is prevalent, to contact HR before returning to work. HR can ask:
family?
time, case-by-case assessment
returning from overseas has or develops the coronavirus
changes, and the employee can be put on leave
59 60
3/4/2020 31
workplace, employer needs to consider the risk to other employees, customers/clients, and third-parties who may be in the same location
work location until threat of contagion has elapsed
For the coronavirus, people begin to show symptoms within 14 days of exposure
the presence of an individual with a contagious disease, employer may:
depend on the leave)
the leave with pay to avoid a discrimination issue
61 62
3/4/2020 32
employee if the employer believes the employee is a “direct threat” to the health and safety of
risk of substantial harm to the health or safety of the individual or others that cannot be eliminated
has a contagious disease, the employer must consider the following when deciding whether to approach the allegedly ill/exposed employee:
person about whom the information is being provided
the information provided 63 64
3/4/2020 33
advertising firm. Bob tells Joe that he is worried because he has just learned that he had a positive reaction to a tuberculin skin test and believes that he has tuberculosis. Joe encourages Bob to tell their supervisor, but Bob refuses. Joe is reluctant to breach Bob's trust but is concerned that he and the other editors may be at risk since they all work closely together in the same room. After a couple of sleepless nights, Joe tells his supervisor about Bob. The supervisor questions Joe about how he learned of Bob's alleged condition and finds Joe's explanation credible.
and can be passed from person to person by coughing or sneezing, the supervisor has a reasonable belief, based on objective evidence, that Bob will pose a direct threat if he in fact has active tuberculosis. Under these circumstances, the employer may make disability-related inquiries
whether Bob has tuberculosis and is contagious.
65 66
3/4/2020 34
its employees for a contagious disease?
medical provider, OR
employees when an employee will pose a “direct threat” due to a medical condition
67 68
3/4/2020 35
“direct threat” must be based on objective evidence – in most cases, medical documentation
undergo a medical assessment to determine whether the employee can perform the essential functions of the job without being a direct threat
an employee is a “direct threat,” the employee can be removed from work until that status is abated
69 70
3/4/2020 36
exposure, protect the privacy of the ill employee to the extent possible
illness- ex., how they became exposed, etc.
workplace safety concerns with one another under the National Labor Relations Act, which protects workers’ rights to safety in the workplace
has been exposed to a contagious disease
contagious disease under OSHA (without fear of retaliation)
71 72
3/4/2020 37
Clause requires employers to furnish each worker with a place of employment which is “free from recognized hazards that are causing or are likely to cause death or serious physical harm”
contagious diseases that meet those criteria
airborne illnesses, such as a the coronavirus
73 74
3/4/2020 38
1904) mandates the recording of certain work- related injuries and illnesses for covered employers
illness when an employee is infected on the job
etc.
a work-related coronavirus infection if it results in a fatality, or in-patient hospitalization
yearly on March 2 (for the preceding calendar year)
all fatalities within 8 hours
75 76
3/4/2020 39
injuries and illnesses each preceding year, from February to April
https://www.osha.gov/SLTC/covid- 19/standards.html#workers
77 78
3/4/2020 40
supervisors, aware that discrimination is illegal
employees for fear of contamination
unless the employee were put on paid leave
who is out sick has the coronavirus
long as they do so for every employee (this includes questions for employees returning from an unknown destination)
from work, as long as they do so for all employees with similar symptoms
79 80
3/4/2020 41
that would make them more susceptible to the virus
symptoms consistent with coronavirus
equipment
work
81 82
3/4/2020 42
reporting to work (especially if the employees have fever
immediately if they are diagnosed with a contagious disease
carefully document basis for that suspicion
and prevent discrimination
83 84
3/4/2020 43
(CDC Guidance):
updating, and implementing the plan
and flexible hours, can be put in place
roles; plan for how increased absenteeism will affect those roles
and when to come to work
for childcare purposes for sick children, or if schools are closed
(CDC Guidance):
conducted
− Consider travel restrictions of other countries
compliant with the current laws
discrimination
− Use CDC resources (including posters and handouts) to educate employees about the realities of the disease
become ill or suspect they have the contagious disease 85 86
3/4/2020 44
inform employees about the virus and the employer’s procedures
handwashing, and other disease-prevention tactics
where up-to-date, accurate information is provided
This Photo by Unknown Author is licensed under CC BY
87 88
3/4/2020 45
with his family, including his wife and young children
his daughter has contracted coronavirus and he has been taking care of her at home
have grown increasingly nervous about the coronavirus over the past weeks
work, and told you that he was afraid to leave his house until the coronavirus was no longer spreading.
89 90
3/4/2020 46
coughing at work. Co-workers have reported to you that Sue appears out of breath, and has mentioned having headaches.
fine, and refuses to leave work or see a medical provider.
disliked one another for years.
three days, and Darren tells you, his supervisor, that Calvin has recently been to China and has the coronavirus.
employees, who are becoming very upset.
91 92
3/4/2020 47
Member Bond, Schoeneck & King mbarrett@bsk.com New York, NY
93 94
3/4/2020 48
Break
Level 3 and 4 countries
countries
recommendations and travel
95 96
3/4/2020 49
updates-2019-novel-coronavirus-2019-ncov
and-wellness/health-alerts.html
rutgers-university-update
https://ucnet.universityofcalifornia.edu/news/2020/01/ucs- response-to-coronavirus.html
Harbor Asia have canceled all meetings planned for Suzhou, China “through at least the end of June.”
20–23 February, Kuala Lumpur. Postponed until 10– 13 September.
2–8 March. Ban on attendees with a Chinese passport.
97 98
3/4/2020 50
Democracy, 12–13 March, Lisbon, Portugal. Canceled.
Materials, 1–5 April, Singapore. Postponed indefinitely.
until October.
Electrochemical Interfaces, 28 June-3 July, Hong Kong. Canceled.
in Denver, canceled.
in Bellevue, Washington, canceled.
99 100
3/4/2020 51
communication plan cover pandemics and do you know what it provides?
restrictions and how would such restrictions be scoped and monitored?
recommendations regarding work restrictions to contain the spread of the virus?
the virus, how would decisions regarding work be made? Do you have a business continuity program that will guide you through reduced staff availability or an increase in work done remotely?
employee wish to travel to a location where there’s been an outbreak for personal reasons? Similarly, how will you monitor personal visitors to members of the institution’s community coming from areas where an outbreak has been identified?
101 102
3/4/2020 52
concerns within the community about the pandemic?
will you deal with student grades, especially for graduating seniors?
live course formats into on-line format?
public health officials
for specific updates: http://www.p12.nysed.gov/sss/documents/FINALJointNYSDOH- NYSEDCoronavirus020520.pdf; http://www.p12.nysed.gov/sss/ documents/CoronavirusParentLetter2-5-20.pdf
1123, 1131 (1987); Chalk v. U.S. District Court, 840 F.2d 701 (9th
F.Supp. 376 (C.D. Cal. 1987); Ray v. School District of DeSoto County, 666 F.Supp. 1524 (M.D.Fla. 1987)
103 104
3/4/2020 53
105
3/4/2020 1
1
Ann R. Falsey, MD Infectious Disease Unit University of Rochester
RNA virus Many animal species Hepatitis, gastroenteritis, pneumonitis Seven human strains OC43, 229E NL163,HKU1 CoVSARS 1, MERs, CoVSARS-2
1 2
3/4/2020 2
CoV SARS-2 COVID19
Betacoronavirus sarbecovirus subgenus of Coronaviridiae family WGS= 89% bat-like SARS, 82% identical to human SARS 3rd coronavirus to cross species and infect humans (SARS and MERS) SARS both upper and lower respiratory disease
3 4
3/4/2020 3
6
slowed; other countries increased
deaths/total cases at a point in time = 2.3
population)= 2.8-3.9
flu
5 6
3/4/2020 4
7
Clearly community spread in Washington State
8
7 8
3/4/2020 5
https://www.cdc.gov/coronavirus/2019-ncov/hcp/faq.html
co-existed with consolidation shadows or cord-like shadows
dyspnea (fatalities not given)
viral PNA on imaging; middle aged and elderly w/ co-morbidities susceptible to resp. failure and poorer prognosis Kui L, et al. Chin Med J (Engl). 2020.
10
9 10
3/4/2020 6
12
11 12
3/4/2020 7
14
13 14
3/4/2020 8
15
15