What Workers Need to Know About Avian Influenza

Worker with chickens.

Employers are responsible for ensuring a safe and healthy workplace for their employees. This includes protecting workers from the hazards posed by occupational exposure to avian flu. The following is an overview of some of the California Code of Regulations, Title 8, sections applicable to avian influenza prevention and exposure that employers must comply with. When avian influenza A(H5N1) is detected in animals, poultry or in a dairy herd, employers must provide and ensure that exposed employees wear N95 respirators, goggles or face shield, gloves, full body coveralls, and other personal protective equipment (PPE) needed for the task.

Who is at Risk?

Workers who have job-related contact with birds, cows, or other animals infected or possibly infected with the bird flu are at risk of becoming infected with bird flu. This includes workers at bird rehabilitation centers, bird and animal sanctuaries, animal, poultry, or dairy farms, slaughterhouses, laboratories that test samples for the virus, and responders during bird flu outbreaks in birds or other animals.

How is Bird Flu Spread?

Diseases that can be spread from animals to humans are called zoonotic diseases. Workers can become infected with bird flu when they are splashed with liquids containing the virus or breathe in tiny particles containing the virus, called aerosols. They can also become infected when they touch a surface contaminated with the virus, then touch their eyes, nose, or mouth. High levels of the virus have been found in unpasteurized milk from infected cows. The risk of human infection from drinking raw milk containing live influenza A (H5N1) virus is unknown. CDC and FDA continue to recommend against eating or drinking raw milk or raw milk products.

What Are Employers Required to Do to Protect Workers?

As with other workplace health and safety hazards, your employer must protect workers from infection to bird flu. The primary Cal/OSHA regulation that applies is the Zoonotic Aerosol Transmissible Diseases regulation, title 8 section 5199.1. Employers of workers who work with or around birds and cows are required to address potential worker exposures to bird flu through a variety of protective measures.

  • Sanitation. Employers are required to keep the work areas clean. Animal-related dusts may contain the virus, so the dust must be cleaned and kept from being kicked up into the air. Employers must also make sure handwashing facilities are kept in good condition and stocked with soap and paper towels. Do not eat or drink in areas where you work with animals.
  • Safe work practices. Employers are required to have written safety procedures to protect workers from animal diseases. When working with animals, wash your hands often and if needed, adjust how you work so that you do not put dust in the air. For example, wet down the area with water when cleaning bird droppings or animal pens.
  • Medical services. If you work in a quarantined area, or with infected animals or their wastes, your employer must provide you with regular medical check-ups.
  • Investigation of work-related injuries and illnesses. If you start to feel symptoms that could be bird flu, report them to your employer. Your employer is required to send you for medical attention and investigate how you got sick.
  • Training. Your employer is required to provide you with training on workplace hazards and their exposure control procedures, including how to use any PPE they provide you.
  • Personal protective equipment and clothing. Depending on your work tasks, your employer may need to provide you with the following PPE:
    • Respiratory protection
    • Coveralls
    • Aprons
    • Gloves
    • Head coverings
    • Shoe covers
    • Eye protection
  • If your worksite is under a quarantine order, movement restrictions, or other infection control order, your employer must use additional protections even if there are no infected animals. If there are infected animals, your employer must use more stringent and protective measures.

How Can You Protect Yourself?

You can protect yourself by wearing any PPE, protective clothing, and respirators your employer provides you. If you feel the protective equipment your employer provides is not enough, you are allowed to bring and wear your own respirator, at least an N95.

Also, follow the employer’s written safety procedures and use work practices that do not produce dust.

What Should You Do if You Feel Sick?

If you start to feel flu like symptoms, report them to your supervisor. Your employer is required to send you to the doctor and investigate how you got sick.

You Have Rights!

You have the right to a safe and healthy workplace, regardless of immigration status, and may file confidential complaints about workplace safety and health hazards with Cal/OSHA.

Workers with work-related questions or complaints may contact the Cal/OSHA Call Center in English or Spanish at 833-579-0927.

Workers’ Compensation

Employers must provide workers’ compensation benefits for workers that get bird flu on the job.
  • Workers are unlikely to get bird flu from another person.
  • Employees exposed to animals on the job can likely prove that their illness is from work, unless they were exposed to bird flu away from work.
Workers Compensation benefits:
  • Medical Care – employer pays all reasonable and necessary treatment.
  • Temporary Disability Benefits – employer pays portion of lost wages if employees misses three or more days of work because of the illness.
  • Permanent Disability Benefits – if illness causes permanent impairment.
For more information:

Paid Sick Leave

Employers are required to provide employees paid sick leave.
Employers must allow employees to use up to 40 hours or five days, whichever is more, of earned paid sick leave in a 12-month period.

To qualify for paid sick leave, employees must have:
  • Worked at least 30 days for the same employer in a year.
An employee is entitled to use what they have earned on the 90th day of employment, although an employer can lend paid sick leave in advance of accrual.

More information: https://www.dir.ca.gov/dlse/California-Paid-Sick-Leave.html (available in English and Spanish)

Resources for Workers

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November 2024