The cold and flu season is upon us and this year it has more than a few employers nervous.  That’s because the new wheezing and sneezing season promises to bring more than the sniffles.  It could feature some seriously pigheaded symptoms thanks to the H1N1 virus, also known as the Swine flu. 

Workplace legal obligations such as the general duty clause of the Occupational Safety and Health Act (also known as OSHA), that requires employers to provide a safe working environment “free from recognized hazards that are causing or are likely to cause death or serious physical harm” to employees. 

And then there is the Americans with Disability Act (ADA).  You have to be careful about the type of health related questions you can ask employees and job applicants.

Thankfully, there are some useful references that contain tips to help you navigate these delicate situations:

1. The Centers for Disease Control and Prevention (CDC) has released Guidance for Businesses and Employers to Plan and Respond to the 2009-2010 Influenza Season;
2. The Department of Health and Human Services, US Department of Homeland Security, and the CDC have issued Preparing for the Flu (including 2009 H1N1 Flu) – a Communication Toolkit for Businesses and Employers; 
3. The Department of Health and Human Services has also assembled a useful website; 
4. The Equal Employment Opportunity Commission has issued some guidance to help you stay within the ADA requirements called Pandemic Preparedness in the Workplace and the Americans with Disabilities Act; and
5. The general government site called Flu.gov.

To you and your employees’ health!