Business Response to the H1N1 Flu: Steps You Can Take

Note: The following information was prepared by Mark Mansour, Bryan Cave LLP. The National Restaurant Association provides the below for information only; this information is not intended as legal advice. We advise the reader to contact his or her legal counsel before taking any substantive action referenced in the article.

The H1N1 flu pandemic affects the physical health of the entire workforce – and also has a profound legal and financial impact on employers and employees.

The first priority for restaurateurs is tending to the health and safety of their employees and guests. As they take steps to do this, restaurateurs need to be aware that their preparation and response to the H1N1 virus can have significant legal and financial implications for their businesses.

The spread of the H1N1 virus affects business activity generally. It could disrupt the flow of global commerce for an extended period of time. Depending on the pandemic’s length and severity, businesses – along with government and individuals – will want to take steps to help limit the spread of infection and may even need to plan around the unavailability of public services such as schools and public transportation.

Unfortunately, businesses don’t have a set "game plan" to follow in responding to the pandemic. International travel and global commerce are at unprecedented levels compared to the last time the world went through a global pandemic, in the late 1960s. The world today is also increasingly litigious, which creates a new set of responsibilities and obligations for businesses. And the level of publicity about the H1N1 flu ups the ante on business preparedness. The media is replete with warnings, action plans, checklists, guides and pronouncements from global health and U.S. government authorities.

Failure to prepare can affect a business’s employees and their families and have a profound impact on a business’s viability and legal exposure. Pandemic planning requires a business to pay close attention to, among other things:


The Elements of a Pandemic Preparedness Program

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