Employers have been warned of the liability risks they face in dealing with staff who may face the risk of being exposed to Severe Acute Respiratory Syndrome (SARS). Law firm Freehills says it has had a “large” number of queries regarding employer liability and risk relating to the disease. 

Solicitor Jacqui Kaplan said employers must not only provide a safe workplace; they also have a general responsibility to monitor their health as well. She told Sunrise Exchange News it’s imperative for employers to treat each incident related to SARS on a “case by case” basis, and not discriminate against people from countries which have a higher incidence of the disease.  

“There are potential significant risks for employers, and the issue is growing,” Ms Kaplan said. “Although nobody has threatened to sue as yet, we’d encourage people to get a policy in place that’s SARS-specific.” She said the policy could be altered to include other diseases that may develop in the future.

Businesses who need to send employees to high-risk SARS countries are entering a grey area of the law and could find themselves in legal trouble, she said. Freehills is suggesting to clients that if travel is essential, the Australian infection control guidelines should be followed and travel warnings monitored.