Dealing with Employees Who Contract Measles - American Society of Employers - Anthony Kaylin

Dealing with Employees Who Contract Measles

With measles on the rise, what should employers do if an employee has it?  Right now, Measles primarily affects children and those unvaccinated. As of June 3, 2025, the Johns Hopkins Bloomberg School of Public Health's U.S. Measles Tracker reported there were 1,151 confirmed cases of Measles in the United States.

There is no specific OSHA standard covering Measles. Similar to the Coronavirus, the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health (OSH) Act of 1970, 29 USC 654(a)(1), requires employers to furnish each worker with "employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm." 

However, there are some additional standards that may also apply:

  • OSHA's Personal Protective Equipment (PPE) standards (in general industry, 29 CFR 1910 Subpart I and, in construction, 29 CFR 1926 Subpart E), which require using gloves, eye and face protection, and respiratory protection.
  • OSHA’s Bloodborne Pathogens (BBP) standard 29 CFR 1910.1030), which applies to occupational exposure to human blood and other potentially infectious materials, including saliva in dental procedures. The BBP standard applies to occupational exposure to some human body fluids, including saliva in dental procedures, which can transmit Measles. The BBP standard also describes measures that could serve as a framework to control non-bloodborne exposures that can transmit Measles, including exposures to body fluids (e.g., sputum, respiratory and nasal secretions, and saliva outside of dental procedures) to which the standard does not apply.
  • Employers must also protect their workers from exposure to chemicals used for cleaning and disinfection. Employers should be aware that common sanitizers and sterilizers could contain hazardous chemicals. Where workers are exposed to hazardous chemicals, employers must comply with OSHA's Hazard Communication standards (in general industry, 29 CFR 1910.1200 and, in construction, 29 CFR 1926.59) and other applicable OSHA chemical standards.

In addition, although 29 CFR 1904.5(b)(2)(viii) exempts recording of the common cold and flu, Measles is a recordable illness when a worker is infected on the job.

Under the CDC guidance, employers should do the following:

  • Healthcare providers should be alert for febrile rash illnesses that could be measles, especially in unvaccinated individuals or those with recent travel to outbreak areas.
  • Exposed employees without presumptive evidence of immunity would likely need to be excluded from the workplace from the fifth day after their first exposure through the 21st day after their last exposure, regardless of whether they receive post-exposure prophylaxis. This is to prevent potential transmission during the incubation period, as Measles is highly contagious even before symptoms appear. 

If an employee has not had the Measles vaccination and the exposure was within the last 72 hours, the MMR vaccine can function as post-exposure prophylaxis. This can help prevent or lessen the severity of illness if administered promptly. Exposed employees can consult with their physicians or licensed healthcare providers to determine whether this approach is appropriate.

If the exposure was more than 72 hours, but fewer than six days, immune globulin may be administered to reduce the risk or severity of disease, especially for high-risk individuals (e.g., pregnant women, immunocompromised persons, infants). Again, the employees can consult with their physicians or other licensed healthcare providers to determine if this is the right treatment.

In either situation, employees may refuse to get inoculated because of religious beliefs.  If so, consult legal counsel.

When an employee is sent home, the employers will have to identify how time off is classified.  ESTA, FMLA, PWFA (in the case of a pregnant employee), and PTO/Sick time could be used.  Normal application of these types of leaves apply.

Although Measles is rare given the U.S. population, it is better to be prepared as the number of unvaccinated rise over the coming years.  It is a dangerous disease, and employers should be prepared for any outbreak that could occur at their facility.

ASE Connect

Contagious Diseases and Pandemic Toolkit – ASE members can access the Contagious Diseases and Pandemic Toolkit on the ASE Member Dashboard in the lower left corner under My ASE Toolkits and Guides.

Bloodborne Pathogens Training – ASE offers OSHA standard Bloodborne Pathogens training and certification as part of its First Aid class.  View upcoming dates here.

 

Sources: OSHA, CDC, Ogletree 6/12/25

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