Employers risk lawsuits over Sars obligations

By HELEN TUNNAH

Employers risk lawsuits if they fail to protect staff from the Sars virus, both here and overseas, an Auckland employment law specialist warns.

Queen's Counsel John Haigh said increasing knowledge of the virus that has killed 289 people worldwide "unquestionably" raised the obligations of employers.

That meant protecting staff in New Zealand - and bringing workers home if they feared the employees' health was at risk.

Mr Haigh said the Health and Safety in Employment Act required employers to ensure they took all steps to keep their workers safe, including from a virus like Sars.

If they failed to do so, employers could be prosecuted by Occupational Safety and Health.

His warning comes as Asian health ministers call for increased checks on travellers in and out of the region.

New Zealanders have been urged not to travel to the hardest-hit areas of China and Hong Kong, prompting some companies to cancel business trips.

However, other New Zealand workers remain there, including Ministry of Foreign Affairs and Trade diplomatic staff.

Mr Haigh said his advice to employers would be to implement a Sars policy, seek Ministry of Health advice and "act with an abundance of caution".

If a worker was returning from a country affected by Sars, there would be "an enormous onus" on employers to require that person to be quarantined.

Mr Haigh said an employer might also have to look at bringing workers home from overseas if the risk to their health became too great.

He said the liability of New Zealand employers for the safety of staff overseas might depend on whether a person's contract recognised New Zealand law or that of the foreign country.

Employers might also risk being sued by individual workers, he said, because contracting Sars might not be deemed to be an "accident" if a company had simply failed to adopt adequate safety policies.

A spokeswoman for OSH said last night that employers had a duty under the act to prevent hazards in the workplace.

If Sars was considered a hazard, then employers should seek Ministry of Health advice about precautions.