Hepatitis B

Green · June 2005

One of our employees just told us he has hepatitis B . The literature I read says the risks are mostly for health care workers and the like which we are not. But we are concerned with the reactions of the other employees as well as their saftey. He is not covered under FMLA. What are our options? Must we have to continue to employ him?

Balloonman1 · June 2005

Why would the other employee's even know?
My $0.02 worth.
The Balloonman

Sassy · June 2005

Do you do bloodborne pathogens training at your organization for non-health care workers? What safety training has been done? Is he completing required work? Are there any work related issues with his performance? All questions you need to answer. I don't see any reason if he is doing his job, why Heb B is a factor in employment. To term someone for this reason is discirmination -- period.

TN HR · June 2005

It's a non-issue for the other ee's unless they're swapping needles, sex partners, bodily fluids or engaging in other risky behavior.

Gene

LivindonSouth · June 2005

Perhaps. However, in a manufacturing environment, OSHA regulations require that each individual on the 'first responder team' or who is likely to respond in some manner to accidents and emergencies, be offered the series of Hep B shots (3 over 8 months). If they decline, you must have those declinations in writing, on file. And, in the event a responder is exposed to blood or other bodily fluids, he/she must again be offered the series of three shots at that point.

I'm not suggesting anything in particular be done. I'm just pointing out that there is always the possibility of risk and it is not limited to the health care industry.

Balloonman1 · June 2005

I disagree, first responders should be trained and offered the hepb vaccine, but they also should ALWAYS practice universal precautions. I have always instructed my 1st responders that their responisibility is first to not endanger themselves in any way. Every person they are treated should be treated like they have an infectious disease.
My $0.02 worth,
The Balloonman

LivindonSouth · June 2005

What are you disagreeing with? I'm just telling you what the law is.

pork1 · June 2005

GREEN: Welcome to the forum! As Don has indicated there is always a risk; the subject of your post alerts me for the greater concern of having a "first responder team or teams trained to handle all safety issues". Out of your requirement for safety issues comes the "Blood Borne Pathogents training" and certification of individuals who will respond to all accident/injuries including those individuals who present a greater risk for others because the ee has HEP B.

May I be so bold, as to challange you to look at the entire safety training and certifications for "First Responder Team/s". Check to see if you have a requirement and then, if so, when were they last certified. We have a team for each working shift and one for each building in our complex for all are located further than 5 minutes total travelling time to the nearest medical facility.

Again welcome to the FORUM.

PORK

Crout · June 2005

I think the Hep B shots would be moot at this point because he's already infected. Can you term him? Yes. Is that discrimination? Yes. The question is....is it illegal discrimination? For that you need to become familiar with the ADA, get some advice from an attorney, then weigh the risks associated with keeping the guy employed versus letting him go.

LivindonSouth · June 2005

Crout: Did I miss something? Has someone recommended Hep B shots for the guy who already has Hep B? If you're think I said that, I did not. Our policy, consistent with OSHA regulation, is that a first responder, who has NOT had the shot series, who is subsequently exposed, is to be offered the shot series, which takes about 8 months.

Crout · June 2005

Easy, Don, easy. I'm not accusing you of anything.

JM in ATL · June 2005

To answer the question which was asked - you can terminate anyone for any reason at any time with or without cause - if you live in an at-will employment state.

Due to HIPAA and privacy laws - no unauthorized employee should ever know about his condition.

Do you have a valid reason for wanting to term him for this medical condition? How does it effect you or your other employees?

If you term him b/c he has HepB - CYA b/c your gonna get your @$$ sued. It is discriminatory to terminate someone due to an illness, even HepB or HepC or AIDS or cancer or the flu.

Just curious - why would you even consider terming someone b/c they have an illness???

Green · June 2005

Thank you to all who responded to my HepB question. This is my first time using the forum and I can't tell you how much help you all were. It's wonderful to know such a great resource is "out there". When I asked the questions, I was very ignorant about the disease and concerned both with my obligation to provide a safe workplace for our employees and to avoid discrimination. Obviously, the employees do not know about this employee's illness but the manager was "freaking out" on me and wanted this employee wearing gloves, mask, etc. or better yet not working at the facility. Our company is not required to comply with the OSHA first responder, etc. requirements so this was a whole new area for us. But I now have the regulations and am using some of the guidelines. The manager knows what we will do in the rare instance that there is an exposure incident. So, thank you again for your input.
Green

Hepatitis B

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