Law; Protecting COVID-19 Workers
Name
Institution
Health care providers and scientists and personnel working at the frontline of the coronavirus outbreak are at high risk of infection, and there is a need to protect such employees legally. Legal frameworks are detailing the nature of work, risks involved, and protection of employees from corona virus-related hazards. Scientists and bench technicians researching on the virus and its antidote face an even higher risk because they deal with live test tube viruses in their research. Employees applying to be at this frontline should be aware of the magnitude of risk involved and how their employers are mandated to protect them to the best of their ability. Hiring procedures and protection of workers depend on whether the workers are hired at will or on a contract basis. Consequently, violation of the employment terms significantly risks human life, and such has legal consequences.
Applicants applying to work on the coronavirus will face potential hazards of which they will be protected and insured. COVID-19 hazards affecting workers include the risk of infection with the coronavirus and other infectious diseases. COVID-19 is of a novel strain. The services of scientists and bench technicians are necessary to round the clock, and as such, they will face psychological fatigue and distress and occupational burnout. Should an applicant get the job to work on the coronavirus disease, they will most likely suffer stigma from the communities they come from (“COVID 19: Occupational Health”, 2020). The risk of infection will also extend to the spouses and other dependents. For instance, if personal protective equipment is not well disposed of, the virus will quickly spread to the workers and their families. The employer and employee will, therefore, have a role to play in ensuring everyone’s safety.
The employer is legally mandated to cushion a successful applicant from infection with the virus and the possible effects of the disease. The employee will handle high-risk activities in conducting the research, and personal protective equipment will be available to them. Such will include masks, gloves, and gowns of the right quality to eliminate all chances of infection (“COVID 19: Occupational Health”, 2020). There will be training on the use and disposition of PPEs. The reasonable expectation of the privacy of the employee will be defined and agreed upon. Spouses and dependents of the worker will have insurance in a medical care COVID-19 program for future related testing and future care and vaccination. The worker will receive federal reimbursement and cash benefit for their dependents while at work or should anything happen to them. The employer will, at all costs, ensure the safety of the employee or else face legal implications.
In the case where an employee is in breach of employment terms endangering human life, whether their own or another person’s, there will be legal implications. The grounds of termination and further legal action such as arrest include intentionally putting themselves or others at risk of infection. Unprofessional conduct, neglect of duty, leaking confidential information, and intentional hindering of production will have legal implications. If the employee signs a contract agreeing to litigation or arbitration to resolve the dispute, they will be bound by the finality of an arbitrator’s decision (Lloyd, 2002). If the employer breaches employment terms against several employees and sufficient evidence come to light, a class action suit will be certified. Termination based on misconduct will be objectively evidenced.
References
COVID 19: Occupational Health. (2020). Retrieved 25 April 2020, from
https://www.who.int/news-room/detail/09-03-2020-covid-19-occupational-health.
Lloyd, R. (2002). The Data Protection Act: employee rights, employer obligations. In Practice,
24(5), 288-290. doi: 10.1136/inpract.24.5.288