key: cord-0806530-fc4wo5r0 authors: Derek, Miller; Tsai, Feng-Jen; Kim, Jiwon; Tejamaya, Mila; Putri, Vilandi; Muto, Go; Reginald, Alex; Phanprasit, Wantanee; Granadillos, Nelia; Zainal Farid, Marina Bt; Capule, Carmela Q.; Lin, Yu-Wen; Park, Jihoon; Chen, Ruey-Yu; Lee, Kyong Hui; Park, Jeongim; Hashimoto, Haruo; Yoon, Chungsik; Padungtod, Chantana; Park, Dong-Uk title: Overview of legal measures for managing workplace COVID-19 infection risk in several Asia-Pacific countries date: 2021-08-26 journal: Saf Health Work DOI: 10.1016/j.shaw.2021.08.003 sha: a5f7d63315a1c3498dcf4af0db07e823b27648b2 doc_id: 806530 cord_uid: fc4wo5r0 BACKGROUND: Despite the lack of official COVID-19 statistics, various workplaces and occupations have been at the centre of COVID-19 outbreaks. We aimed to compare legal measures and governance established for managing COVID-19 infection risks at workplaces in nine Asia and Pacific countries and to recommend key administrative measures. METHODS: We collected information on legal measures and governance both general citizens and workers regarding infection risks such as COVID-19 from industrial hygiene professionals in nine countries (Indonesia, India, Japan, Malaysia, New Zealand, Republic of the Philippines, Republic of Korea, Taiwan, and Thailand) using a structured questionnaire. RESULTS: A governmental body overseeing public health and welfare was in charge of containing the spread and occurrence of infectious diseases under an infectious disease control and prevention act or another special act, although the name of the pertinent organizations and legislation vary among countries. Unlike in the case of other traditional hazards, there have been no specific articles or clauses describing the means of mitigating virus risk in the workplace that are legally required of employers, making it difficult to define the responsibilities of the employer. Each country maintains own legal systems regarding access to the duration, administration, and financing of paid sick leave. Many workers may not have access to paid sick leave even if it is legally guaranteed. CONCLUSION: Specific legal measures to manage infectious disease risks, such as providing proper personal protective equipment, education, engineering control measures, and paid sick leave are recommended to be stipulated in occupational safety and health related acts. to disease or infection occurs at least once per month [1] . 36 Workplaces are one of the major places at the center of COVID-19 outbreaks around 37 the world, including call centers in Republic of the Philippines, meat processing plants in the 38 U.S., Germany, Ireland, and Canada, as well as nursing homes in all affected countries 39 (which are especially vulnerable to infection) [2, 3] . These outbreaks underscore the 40 importance of physical proximity (density), ventilation, hygiene and sanitary installations in 41 workplace as determinants of risk during a pandemic. In the wake of the worldwide spread of 42 COVID-19, characterizing the contribution of workplaces to disease transmission has become 43 workplace itself can be a source of potential mass transmission. In the Republic of Korea, as of February 2021, nearly 61% of new mass cluster 49 infections were reported from workplaces with crowded and closed environments in terms of 50 people, space, and ventilation [6], even though it was not the incidence within a specified 51 period of time. The workplace is a key locus for public health interventions that could protect 52 both workers and the communities they serve. To our knowledge, no study has reported on 53 the legal measures enacted in occupational safety and health acts, even though there are a 54 number of studies reporting on outbreaks in certain occupations or workplaces [7, 8] . 55 Protecting the health and safety of workers is a prerequisite to maintain economic activity 56 without requiring confinement and/or lockdown measures. The presence of legal articles to protect the job security of workers from COVID-19 risks 93 Standardized tables with respondent instructions were sent to all co-authors, collected, 94 confirmed again through either e-mail or online meetings, and finally organized as the results 95 tables for this study. 96 Regulations and administrative organizations in each country intended to control the 98 risk of infectious diseases such as COVID-19 are summarized. A governmental body 99 overseeing public health and welfare (PHW) is found to be in charge of controlling the spread 100 and occurrence of infectious diseases hazardous to citizens' health, including workers (Table 101 1), under the local infectious disease control related act or special act, although the name of 102 the organization and legal act differ among countries. According to all the Acts, not only 103 individual citizens, but also all government ministries and local/provincial governments must 104 cooperate with the PHW's policies, including administrative orders against infectious disease 105 (Table 2 ). Most countries have implemented a special act and/or a governmental task force 106 for managing COVID response. Compensation for absences due to compliance with public 107 health guidance is available for workers is available in every country by means of paid leave 108 and sickness benefits. Each country maintains its own legal system and customs regarding 109 access to and the duration, administration, and financing of paid sick leave (Table 3) To protect the people from public health threats through the disease surveillance of notifiable diseases including emerging and re-emerging infectious diseases, diseases for elimination and eradication, epidemics, and health events including chemical, radionuclear and environmental agents of public health concern and provide an effective response system. J o u r n a l P r e -p r o o f The local ministry of labor or manpower (MoL), which is responsible for workers in 122 terms of occupational safety and accidents should cooperate with the activities of the PHW. 123 The duty of employers to protect employees from hazardous agents, including infection risk, 124 can be regarded as among the general duties described in occupational safety health laws. 125 Unlike other traditional hazardous agents, however, no country has stipulated specific articles 126 or clauses for controlling infectious diseases in the workplace under an Industrial Safety and 127 Health Act (ISHA) with which employers must comply (Table 4) . Thus, all countries have 128 regulations regarding the prevention of health effects caused by biohazard, but none of them 129 include specific clauses related to infectious diseases such as COVID-19. J o u r n a l P r e -p r o o f This study found that no country has specifically stipulated legal articles in its OSH 134 law detailing an employer's duty to contain infectious disease risks like COVID-19 in the 135 workplace (Table 2 and and policies [4, 13] . All countries have a General Duty Clause in their regulations, stipulating 149 that employers have an obligation to provide an environment free from recognized hazards 150 that can cause or are likely to cause death or serious harm to their employees (Table 4) Fourthly, there should be legal and social protections for workers who contract 203 COVID-19. All countries have implemented legal measures to protect workers who are either 204 infected or suspected of having symptoms such as required self-quarantine, paid sick leave, 205 family sick leave, and more. (Table 4 ). Globally, paid sick leave is now more widely 206 accessible than ever following the COVID-19 crisis-although statutory paid sick leave is 207 either not in place or remains limited in some countries [24] . In many countries, sick leave 208 and other benefits are not always available for workers in certain sectors and types, in spite of 209 the presence of a related law [25] . asymptomatic employees continued to come to work [9] . As this case indicates, many 220 workers may not have access to paid sick leave even if it is legally guaranteed; however, we 221 were unable to find data that quantifies the gap between the law and practice. 222 In summary, to contain the transmission of infectious diseases, generalized legal 223 measures such as provision of proper personal protective equipment, education, engineering 224 control measures, and paid sick leave are recommended to be applied flexibly and diversely 225 to various situations such as type of working environments and practices, job, season, 226 infectious diseases, and level of endemic and pandemic. of the implementation of legal articles or guidance related to the protection of workers from 229 infectious diseases were not studied. Dichotomous classification (yes or no) on the presence 230 of legal acts insufficiently reflects all details, necessitating a framework for further 231 elaboration to evaluate the similarities and differences between the countries in terms of legal 232 aspects and authorities. Our results obtained from only nine countries may not be 233 generalizable to other Asia-Pacific countries with different legal measures in the workplace to 234 protect employees from hazardous agents, including infectious diseases. 235 Estimating the burden of United States workers 246 exposed to infection or disease: a key factor in containing risk of COVID-19 247 infection COVID-19 Outbreaks at Irish meat plants raise fears over worker 249 safety The Guardian Meatpacking worker told not to wear face mask on job died of 254 coronavirus: report The Hill Influenza in workplaces: transmission, 258 workers' adherence to sick leave advice and European sick leave recommendations A systematic review of 261 infectious illness presenteeism: prevalence, reasons and risk factors About 61% of new mass cluster infections occurred in workplaces 264 COVID-19 and infection in health-care workers: an emerging 267 problem COVID-19 among health workers in Germany and Malaysia Coronavirus disease outbreak in call center COVID-19 in health-care 275 workers: a living systematic review and meta-analysis of prevalence, risk factors, 276 clinical characteristics, and outcomes Impact of a hygiene intervention on virus spread 279 in an office building A large rubella outbreak with spread from the 282 workplace to the community Policies to reduce 284 influenza in the workplace: impact assessments using an agent-based model Decontaminating N95 and SN95 masks with 288 ultraviolet germicidal irradiation does not impair mask efficacy and safety Severe staffing and personal protective equipment shortages faced by nursing homes during the COVID-19 pandemic: study 292 examines staffing and personal protective equipment shortages faced by nursing 293 homes during the COVID-19 pandemic Preparedness and 295 responses of healthcare providers to combat the spread of COVID-19 among North 296 Cluster of coronavirus disease associated with fitness 298 dance classes COVID-19 and the 300 coming epidemic in US immigration detention centres A COVID-19 crisis in US jails and prisons COVID-19 Ventilation in Risk and emotion: towards an alternative theoretical perspective Infection Risks Faced 311 by Public Health Laboratory Services Teams When Handling Specimens Associated COVID-19) COVID-19: Protection of Workers at the Workplace in Singapore. 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Institute for Women's All authors have no conflicts of interest to declare.