HR Question:

An employee has indicated that they have bed bugs in their apartment building. How should we handle bed bugs at work? What responsibility do we have as an employer towards our other employees?

HR Answer:

Bed bugs are an anxiety-producing and uncomfortable topic to discuss, but it’s important that employers take action when they learn of potential exposure, especially in the workplace. We recommend the following steps to address the situation:

Step 1: Communicate

The first step is to communicate with your employees the measures that they can take to prevent exposure, or if exposure has occurred, minimize the risk that the bed bugs will be transported to work. Under the OSHA General Duty Clause, an employer has an obligation to provide a safe work environment free of hazards that may cause physical harm. If it is determined that there are bed bugs in your workplace, you should take immediate action to eradicate any infestation (typically by calling an exterminator). There may also be obligations of notification and recordkeeping if hazardous chemicals are used to rectify the situation. Additionally, you should reduce clutter to make the bed bugs easier to locate.

Step 2: Isolate

If an employee has indicated that he or she has been exposed, you can request that the employee stay home until the problem has been taken care of on their end. Keep in mind, an exempt employee may be required to be paid for time away from work that is less than a full day. The employee should be advised to carefully inspect their clothes, shoes, bags, etc. for signs of bed bugs prior to returning.

Step 3: Consider Additional Needs

Every situation should be assessed on its own merit. In addition to OSHA, there may be some issues to consider that are related to other regulations, including:

• Family and Medical Leave Act (FMLA) – if the employee has been exposed and needs to deal with the exposure.
• Workers’ Compensation (varies by state) – if the employee is exposed at work.
• Fair Labor Standards Act (FLSA) – to determine if you have to pay for time missed from work.

We recommend consulting with an attorney before any adverse action is taken resulting from bed bug exposure.

As should always be the case when dealing with a sensitive issue, you should approach the situation with empathy and discretion. Dealing with bed bugs can be embarrassing for the employee(s) affected, so although you will want to be expeditious in addressing the matter to foster a safe work environment, be sure to move forward with discretion and respect.

Thank you to Christine McLaughlin, HR Business Advisor for contributing to this HR Question of the Week.

Clark Schaefer Strategic HR understands your concerns with the well-being of your employees. We offer expertise in health, safety, and security to cover any need you may have from analyzing your safety programs to supporting your OSHA compliance to proactively ensuring employee wellness. Please visit our Health, Safety & Security page for more information on any of these services.