Interesting Article-Protect the Legal Health of Your Organization, Too

[Guest guest]

Hi all Animal Shelters around the world - I've just come across this very

interesting Article on the Humane Sociaty Intl. Website... They also have other

interesting stuff for shelters and also stuff dealing with wild mammals.

 

Humane Society International

 

 

 

Protect the Legal Health of Your Organization, Too

Several years ago, a kennel attendant for Noah's Ark Animal Welfare Association

in Ledgewood, New Jersey, contracted toxoplasmosis. She filed a workers'

compensation claim, alleging that she had contracted the disease at the shelter.

" It was her doctor's assessment that the disease was directly related to the

job, " says Nichola Redmond, shelter manager at the time and now program

coordinator for The HSUS's Mid-Atlantic Regional Office. " I was told by the

insurance company that where she contracted the disease could neither be proven

nor disproved, and that to avoid litigation we should pay the claim. "

 

The state reimbursed the employee for missed work. The shelter's general

liability insurance policy reimbursed her for medical bills.

 

Fortunately, Redmond had earlier been given responsibility for making sure that

Noah's Ark was legally protected, and had taken appropriate steps. " I came up

with scenarios that might occur and made sure that we were covered, " she said.

" Our board of directors instructed us to do this. "

 

Managing Risks

 

This case illustrates the potential liability any shelter faces from claims

based on occupational hazards such as zoonotic diseases. It also shows how a

responsible humane organization took steps to protect itself.

 

Succeeding at risk management means instituting sensible safety precautions,

updating forms and contracts, and buying the right insurance coverage. The first

step is to make sure adequate safeguards are in place to protect staff and

volunteers. Make sure your facility complies with workplace-safety rules

mandated by the federal Occupational Safety and Health Administration (OSHA). In

addition, your shelter must have proper air-circulation systems, wash stations,

access to first aid, cleaning and disinfecting procedures, personal protective

equipment (such as gloves of various thickness and eye wear), animal-restraining

equipment, and record-keeping procedures.

 

Also, your shelter should conduct training programs for staff and volunteers

that include dissemination of health-related information. Your agency should

understand the Americans with Disabilities Act and accommodate employees who are

immunocompromised (such as those with HIV/AIDS) or who have other disabilities

as defined by that federal law. People who are immunocompromised are most at

risk of contracting a severe zoonotic illness.

 

Shelter managers tread a fine line when balancing the need to protect employees

with the right of employees to perform their jobs. The classic shelter example

involves a kennel worker who becomes pregnant and thereby puts herself at risk

of complications resulting from contracting toxoplasmosis. The shelter manager

should educate the employee about the risks associated with cleaning litter

pans, and then offer the employee a different assignment until after the

pregnancy. The shelter must not force the employee to accept that assignment. If

a pregnant employee refuses to be temporarily reassigned, then the shelter

should have her sign a waiver of liability stating that she was apprised of

potential risks, and provide her with protective clothing, such as gloves.

 

Adoption Program Risks

 

Keep in mind that a shelter's potential liability might not end with employees

or volunteers. Say an adopter or a member of her family contracts a zoonotic

illness shortly after adopting a pet from you. If the family sued your

organization, would you be protected?

 

To date, according to the American Veterinary Medical Association, lawsuits

against veterinarians in the United States for negligence resulting in human

harm from zoonoses have either been dropped or settled out of court. A pet store

settled with a family for $1.5 million after a child who purchased a puppy there

lost sight in one eye as a result of a zoonotic infection. The pet store

allegedly was deficient in both record-keeping and deworming procedures.

 

The HSUS knows of no case to date in which a shelter was sued after an adopted

animal was believed to have transmitted a disease to the adopter or a member of

his family. However, shelters have been successfully sued in cases where adopted

animals have bitten humans or required veterinary care. Last summer, for

example, the Escondido (Calif.) Humane Society was ordered to reimburse two

families $1,109 for the veterinary bills of puppies adopted from the

organization who were allegedly diseased and later died.

 

Your shelter's adoption contract should already state that your shelter makes no

representations or guarantees about the health of shelter animals. It should

also require that the adopted animal be examined by a veterinarian within three

to seven days after leaving your shelter. Your shelter should develop a

vaccination and deworming program for all pets up for adoption if your shelter

does not already have such a program.

 

Also add information to your adoption kit to educate adopters about potential

zoonotic risks and the steps they should take to reduce their exposure.

 

Finally, check to make sure your shelter's general liability policy protects

your organization. If your policy already covers your agency for adopting out a

dog who later bites someone, then your organization is likely covered for any

human harm that might result from the transmission of a zoonotic disease. Animal

Sheltering/March-April 1996

 

1999 The Humane Society of the United States.

All rights reserved.