Gov. Jerry Brown declared a state of emergency over the deadly hepatitis A outbreak in California. An increase in the incidence of infectious diseases related to geographic risk may give rise to industrial injury claims under several theories of California law on AOE-COE.
The emergency proclamation, which was issued by Brown on Friday, allows the state to increase its supply of hepatitis A vaccines in order to control the current outbreak.
The Los Angeles County Department of Public Health declared a local outbreak of hepatitis A in September. San Diego and Santa Cruz have also declared local outbreaks.
According to the CDPH, there have been a total of 18 deaths so far – all in the San Diego area, which has reported 490 cases of hepatitis A and 342 hospitalizations. The CDPH said the Santa Cruz area has 71 reported cases and 33 hospitalizations; Los Angeles has 8 reported cases and 6 hospitalizations; and other regions in California have 7 reported cases and 5 hospitalizations. This brings the total number of cases in the state to 576 with 386 hospitalizations.
California is experiencing the largest hepatitis A outbreak in the United States transmitted from person to person – instead of by contaminated food – since the vaccine became available in 1996. According to the CDPH, the hepatitis A virus is spread when the virus is ingested by mouth from contact with hands, objects, food or drinks that are contaminated by the feces of an infected person.
The Department of Industrial Relations has a webpage dedicated to the topic of “Protecting Workers from Hepatitis A.” As part of their duty to correct unsafe or unhealthy conditions in the workplace (title 8 section 3203), The DIR says “employers should ask their local health departments whether hepatitis A vaccinations should be offered to employees who are at increased risk and if so, whether the local health department is available to assist.”
Employers must ensure that workplace restrooms are kept clean and sanitary (title 8 section 1526 in construction and section 3364 for other workplaces). Additional cleaning may be needed if persons outside of the workplace who are at greatest risk for hepatitis A infection (i.e., homeless persons or persons using illicit drugs) have used or have had access to workplace restrooms. The County of San Diego Department of Environmental Health has posted Hepatitis A Disinfection Guidelines.
Cal/OSHA is encouraging employers and workers at risk of exposure to the hepatitis A virus to review preventive measures posted online.In outbreak locations, workers who have direct contact with persons who are homeless or use illicit drugs have an increased risk of hepatitis A exposure in settings that include the following:
– Health care and laboratory
– Public safety and emergency medical services
– Sanitation and janitorial
– Homeless services and substance use treatment facilities
A person can be exposed to the hepatitis A virus after coming into contact with objects, food or drinks contaminated by an infected person. Employers should maintain a clean and sanitary workplace and provide proper handwashing facilities and protective equipment.