Orthotown October 2020 - 48

MANAGING A POSITIVE TEST SCENARIO
Prepare a plan
The first step for an orthodontic practice
in regulating an infected worker must be
taken well before the worker tests positive.
The Occupational Safety and Health Administration (OSHA) has made clear in current
guidance that all employers are expected
to prepare a written exposure prevention,
preparedness and response plan that addresses,
among other items, how the business will
manage the situation if an employee in the
workplace contracts the virus. Legal counsel
can assist in creating a plan that is tailored
to a particular practice. The plan should
cover the following points:
Maintain employee privacy. Employers
generally must keep the identity of a worker
who tests positive confidential. This may
be challenging, but the Americans with
Disabilities Act (ADA), the Health Insurance
Portability and Accountability Act of 1996
(HIPAA) and general privacy expectations
dictate this requirement. Even though circumstances may make obvious who tested
positive, a practice nonetheless must take
this approach.

48

Address the physical workspace. The
Centers for Disease Control and Prevention
(CDC) has published detailed guidance,
available online, that informs employers
about the process of sanitizing and restricting
access to work areas occupied or visited by
an infected worker. Orthodontic practices
should adopt these protocols in the written
plan and follow them.
Require a quarantine. Send any infected
workers home for a quarantine period that is
defined by their particular situation. Consider
the timing of their positive test, when their
symptoms started to emerge, and the need
for a confirmed negative test before they
reenter the workplace.
Notify co-workers and third parties.
Without disclosing the infected worker's
identity, advise co-workers as well as third
parties such as vendors or patients who came
into contact with the infected worker about
the potential for exposure. Encourage these
individuals to self-monitor for symptoms, take
necessary precautions, and seek treatment
and testing if necessary.

A ssess and execute on possible
collateral exposure. Perhaps the most
complex aspect of addressing an infectedemployee scenario is how to manage
co-workers who may have been exposed.
A thorough consideration of CDC guidance
and OSHA recommendations suggests that
individuals who have sustained contact
of 15 minutes or more and within 6 feet
of an infected person are at high risk for
contracting the virus. Co-workers who
meet these criteria should be excluded from
the workplace to quarantine, while other
employees who had only occasional contact
should be encouraged to self-monitor for
symptoms but may continue working on-site.

Collaborating for
everyone's benefit
All employees should become familiar
with the practice's written plan so that
everyone will know what to expect when
faced with a positive diagnosis at work.
Having clear and thoughtful processes in
place should reduce anxiety and improve
morale.

OCTOBER 2020 // orthotown.com

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Orthotown October 2020

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