Legal and Ethical Aspects of Healthcare: Employee with Tuberculosis Essay

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Introduction: Problem Background and Context

The problem reviewed in this paper is concerned with a worker, Sara, presenting to work with TB and increasing risks of contamination in the workplace. The issue illustrates misunderstandings regarding TB virality, which can lead to bias from other workers and the poor handling of employees’ information by HR. The problem was exacerbated because the company did not have an effective solution to the problem.

Importance/Relevance of the Problem

The issue needs addressing because when employees come sick to work, posing serious health risks. As more workers get sick, productivity can decrease, which may lead to additional expenses to address worker safety and implement safety procedures. It is crucial to raise awareness about the importance of trace investigation in cases of TB occurrence. In addition, the case shows that the existing workplace safety practices need updating.

Causes

The problem emerged as a result of TB being overlooked as a serious health risk while there was a clear lack of organizational policy on worker safety. The issue of “presenteeism” takes place when employees who fear being absent from work come to the workplace, risking infecting others. Besides, the organization did not have any ethical framework for addressing viral disease outbreaks, and the HR was not educated on how to handle information privacy.

Stakeholder Issues

Employers

On the part of the employer, it’s important to clarify whether any state laws on sick leave apply. The agency will have to determine the eligibility of workers for sick law benefits and determine the criteria for sick leave qualification. Besides, the impact of TB on sick leave practices should be identified because most of the current recommendations center around COVID-19. The employer will have to address presenteeism among employees by implementing health promotion programs, workload reductions, and firm-specific absence policies.

HR Managers

In this case, HR managers are among the key stakeholders who do not know how to handle TB cases among employees. The HR poorly managed employee health information while also failing to initiate a trace investigation on time. Besides, the manager should have considered the need for preventive care education. Sara should have been informed on which further steps should be taken, while employees should have been warned about information confidentiality.

CEO

The company’s CEO did not adequately oversee the issue concerning Sara and did not provide instructions on TB handling. Because of the challenges that the organization faced, there was a clear lack of leadership on transparency and honesty, nor was there collaboration with healthcare organizations to initiate training. The CEO should have started considering a policy change and improved sick leave practices to prevent presenteeism.

Employees

In this case, employees were not aware of the required practices of communicable disease reporting. Because Sara came to work, she did not know about the risks of exposure and was not instructed on proper health practices. As a result, she experienced bias toward workers infected with TB because workers did not know how to handle information about others. Presenteeism is a problem since workers come to work sick to avoid using leave days.

Language Accommodation of Employees During Interview

In this case, interviews with multiple workers were conducted, which called for language accommodation of non-English language speakers. A translator was asked to translate interview questions into Spanish to provide the printed version to the employee, who was given enough time to answer them in written form, which was later translated into English. Notably, any issues were resolved with the help of an interpreter to maintain long-term language accommodation.

Third-Party Agency Issues (CDC)

The CDC plays an important role in facilitating best health practices at organizations through collaboration with the National Tuberculosis Controllers Association. The CDC can be helpful in providing general guidance on communicable disease procedures; however, it is focused mainly on TB prevention in the healthcare setting and governmental organizations such as correctional facilities, nursing homes, and others. At this time, not enough attention is given to private companies’ education.

Legal and Ethical Implications

Sara’s Perspective

From Sara’s perspective, the legal implications of the case limit her capacity to get enough sick leave days. She can use paid leave days allocated for holidays, which is an issue for employee productivity. From an ethical standpoint, the TB burden can take a toll on Sarah’s mental health and adversely affect her physical well-being (Inoue et al., 2021). The misunderstanding of disease can negatively impact her relationships with employees.

Agency’s Perspective

In general, there is no legal requirement for employers to pay sick leave even though an employee cannot be forced to come in sick to the workplace. Moreover, it may be beneficial to apply the Emergency Paid Sick Leave Act developed for COVID-19, and TB is a communicable disease that can also apply. From an ethical standpoint, it is important to provide paid leave and show care for employees to boost workers’ satisfaction and retention. Consequently, the agency can enhance its reputation in the eyes of prospective workers.

Financial Implications

Sara’s Perspective

A crucial financial implication is that Sara can lose money when absent from work. Besides, she has a monetary burden of TB diagnosis and treatment. If she has no health insurance, the costs will be high, which means that Sara may go into debt to pay off healthcare costs. The monetary implications of the disease can affect her in the longer term, which can lead to her quitting their job if sick leave needs are unmet.

Agency’s Perspective

It should be mentioned that the financial implications of the case are significant. US businesses pay around $530 billion per year on lost productivity. Some of them choose to support employees during health issues by investing in employee wellness programs for retention, encouraging preventative health care among workers, and providing health insurance at the company. To increase productivity, companies may consider incentivizing workers through an employee assistance program.

Possible Solutions

Possible solutions for the challenge include the need for a policy that addresses communicable diseases, HR training on handling TB among personnel, as well as a culture of honesty and transparency in the workplace. It is important that the agency caters to the sick leave needs of employees and implements a long-term educational program. Overall, Sara’s case can be used as an example for improvement.

Current Attempts

The agency attempted to implement a trace investigation by Interviewing workers to determine the risks of contamination. The employer will have to cater to the needs of employees affected by TB while also implementing efforts to preserve workers’ health information. It was recognized that preserving employees’ health information could eliminate any bias and misunderstandings. Through initiating a policy change within the facility, the leadership recognized that they lacked understanding of how to handle TB and other communicable disease cases.

Policy: Solution and Likelihood of Success

The recommended policy should entail that decisions regarding employees with infectious diseases are to be based on well-informed medical information. Notably, discrimination on health status is to be prohibited, while medical determination should be used to restrict employees’ access to the workplace. In case of a TB diagnosis, a trace investigation must be implemented, and the agency should comply with applicable regulations and statutes. A successful policy is one that is specific and reliable.

Education Program: Solution and Likelihood of Success

The education program implemented at the agency should be done in collaboration with healthcare specialists. The program should define the goals and scope of education about communicable disease prevention and support the as-needed education program that fits the organization. The key educational topics should include the modes of TB transmission and prevention, timely response to affected employees, expectations of reporting, as well as sick leaves and presenteeism risks.

The recommended communicable disease education program should be implemented consistently and adjusted to specific workplace needs, and healthcare personnel should be involved in sharing their expertise. Besides, HR training should be a part of the education and offer practical guidelines for workplace trace investigations. The program’s success depends on the coverage of relevant issues, the inclusion of varied stakeholder categories, and consistent recommendations.

Conclusions

To conclude, presenteeism is can issue that can cause health risks in the workplace, which is why workers should feel secure not coming into work when sick. In Sara’s case, a trace investigation must have been initiated immediately while she had the duty to report on their health status. In the workplace, both honesty and transparency can avoid bias, while workers’ health information should be stored and protected from release.

To conclude, in order to solve the challenges identified in the case, both policy change and education are necessary. It is recommended that the company comply with applicable regulations and statutes while health-related decisions rely on verifiable information. Education should be carried out in collaboration with healthcare specialists, while both policy change and education should be implemented consistently. Any changes embedded in the agency should reflect the organization’s needs.

References

CDC. (2019). . Web.

DOL. (2020). . Web.

Inoue, Y., Nomura, S., Nishiura, C., Hori, A., Yamamoto, K., Nakagawa, T., Honda, T., Yamamoto, S., Eguchi, M., Kochi, T., Miyamoto, T., Okazaki, H., Imai, T., Nishihara, A., Ogasawara, T., Sasaki, N., Uehara, A., Yamamoto, M., Shimizu, M., Konishi, M., … Dohi, S. (2021). . Journal of Epidemiology, 31(7), 403–409. Web.

Integrated Benefits Institute. (2019). . Web.

Lakiša, S., Matisāne, L., Gobiņa, I., Orru, H., & Vanadziņš, I. (2022). . International Journal of Environmental Research and Public Health, 19(17), 10525. Web.

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IvyPanda. (2024, February 26). Legal and Ethical Aspects of Healthcare: Employee with Tuberculosis. https://ivypanda.com/essays/legal-and-ethical-aspects-of-healthcare-employee-with-tuberculosis/

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"Legal and Ethical Aspects of Healthcare: Employee with Tuberculosis." IvyPanda, 26 Feb. 2024, ivypanda.com/essays/legal-and-ethical-aspects-of-healthcare-employee-with-tuberculosis/.

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IvyPanda. 2024. "Legal and Ethical Aspects of Healthcare: Employee with Tuberculosis." February 26, 2024. https://ivypanda.com/essays/legal-and-ethical-aspects-of-healthcare-employee-with-tuberculosis/.

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