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The CDC has issued an alert on Swine Flu, the H1N1 virus also called Swine Influenza A.

The complete OSHA guidance on Swine Flu Preparedness is available free to employers.

Although no immediate danger exists, Department of Homeland Security Secretary Janet Napolitano has declared a public health emergency in the U.S.

The possibility of a global influenza epidemic – or pandemic – is not recent. For years, OSHA has recommended that every employer have plans in place for a major influenza epidemic, just as they have emergency plans to cope with a power outage or a severe winter storm.

A global influenza epidemic would occur when the flu virus mutated to produce a new strain. The popular flu shots would not be effective against the new strain. That is exactly the current situation with the swine flu.

There is no evidence that the current swine flu outbreak in Mexico will become a pandemic – but it is the type of flu that is most likely to cause a pandemic. This is a great time for employers to review their emergency precautions.

There has not been an influenza pandemic  since1918. The Spanish Flu afflicted 50% of the world’s population, affecting people in every city and town. About 50 million people died, a number comparable to 33% of the population of Europe at the time. The pandemic killed more people than World War I. 

Seasonal influenza outbreaks are usually fatal only to small children, the elderly and those with major health problems. Pandemics occur when a new strain of the virus appears, because humans have no antibodies to fight the new strains. Most of those who died from the Spanish Flu were otherwise healthy young people in their late teens, twenties or early thirties.

Because there would be no defense against the flu during a pandemic, employers are urged to have plans in place to minimize contact between employees. This would include allowing employee to work from home, and scheduling conference calls or remote meetings using laptop cameras, rather than face-to-face business meetings. They also urge that businesses such as retail stores use delivery or drive-thru windows to minimize contact between employees and the public.

During a pandemic, most businesses would suffer staffing shortages due to the absence of afflicted workers. Theaters, malls, restaurants and other public gathering places would likely be deserted, as people remained isolated in an attempt to avoid spreading the flu.

However, certain businesses would likely be overwhelmed by demand during an influenza pandemic. Pharmacies and grocery stores would experience unusual demand. Hospitals, doctor’s offices and clinics might be overwhelmed. Employers should make plans now – before they are needed – to deal with those situations.

Every employer should have begun using the new, updated I-9 form no later than April 3, 2009.

The biggest difference in the new I-9 form and the previous version is that expired identity documents will no longer be accepted on the new form.

The USCIS or Citizenship and Immigration Services notes that the Department of Homeland Security wanted to ensure that “documents presented for use in the Form I-9 process must be valid and reliably establish both identity and employment authorization.” The DHS adds that expired documents may not contain the workers valid status. They are also more prone to tampering and fraudulent use, than unexpired documents.

The new I-9 form also eliminates several documents from List A, items that establish both identity and employment authorization. These include Forms I-688, I-688A and I-688B, temporary resident cards and outdated employment authorization cards.

The newest I-9 form also adds a number of documents to List A, including: (more…)

Beginning January 14, 2009, a new rule requires federal contractors to use an electronic system like E-verify to check the immigration status and employment eligibility of every new employee, and old employees on certain sensitive federal projects.

A suit filed by SHRM, the Society for Human Resource Management, seeks to overturn that law. SHRM has filed a federal suit with four other employer organizations to block the rule. In addition to SHRM, the December 23, 2008 suit was filed on behalf of the U.S. Chamber of Commerce, Associated Builders and Contractors, American Council on International Personnel and the HR Policy Association.

SHRM has asked the Bush administration to withdraw the proposed rule from consideration. The administration has declined, however, and employers should continue to use E-verify to comply with the law.

Under an executive order from President Bush, federal contractors and subcontractors (more…)

The new South Carolina Illegal Immigration Reform Act requires employers to verify the legal status of new employees.

One way to comply with this law is to use E-verify from the Department of Homeland Security. The E-verify database combines records from the Social Security Administration, immigration records and other federal agencies to eliminate identity theft. It also prevents employers from breaking the law by employing undocumented workers.

The state suggests that another way to comply with the law is to establish whether the employee has a South Carolina driver’s license or other government issued identity document. Employers are warned that in some cases, employers who refuse to hire legal immigrants, discriminate against Hispanic workers, or try to specify which forms of id they will accept from the list of acceptable documents on the I-9, may be in violation of federal law. It is not clear yet (more…)

An amendment to Executive Order 12989 added by President George W. Bush on June 9, 2008,  will require all federal contractors to use the E-Verify system. The proposed regulations were published in the Federal Register on June 12, 2008. The presidential directive requires that federal contractors and their subcontractors use an electronic system to verify employment eligibility for all new hires.

Homeland Security Secretary Michael Chertoff designated E-Verify as the verification system of choice.

Under the new regulations, federal contractors and sub-contractors must (more…)