We do not believe a corporation can require its employees to be inoculated. However, the company certainly can make that recommendation, and those who fail to comply can be prevented from traveling to particular areas.

Furthermore, failure to travel in those instances might hinder an employee's ability to perform his duties - thus risking his job.

Checking the lists
Companies can look to the federal government for information on what shots are needed for travel. The Centers for Disease Control and Prevention list recommended vaccinations for various destinations (www.cdc.gov/travel/vaccinat.htm). In at lease one instance, vaccine is mandatory: Travelers must get a yellow fever shot before visiting certain countries in Sub Saharan Africa and tropical South America.

Among the CDC's recommendations: the hepatitis A vaccine for travel to Mexico and other countries and, particularly for travelers to third-world countries, drugs to prevent malaria. Vaccines also are advised for typhoid fever, which still exists in certain parts of the world.

To protect travelers as well as to limit the company's liability, we recommend that corporate travel policies include recommendations from the CDC with regard to inoculations and other health concerns.

Many corporations use a third party for assistance and expertise in addressing any worldwide medical issues that might impact their travelers. This precaution provides another level of liability protection for the organization.

If they say no
Some travelers might refuse the recommended inoculations. This raises significant issues for a company, such  as whether the traveler should be allowed to continue with a planned business trip if certain types of diseases can be prevented through timely vaccinations.

However, if a traveler is required to have an inoculation in order to travel for the corporation or risk harming her career, and the shot causes medical problems, it's possible that the company could be held liable.

In most states, this type of liability generally is covered under workers' compensation provisions. But in some states provisions might allow a claim against the corporation for injuries suffered under such circumstances.
 

We won't go
The SARS outbreak still is relatively fresh in the many travelers' minds, particularly those who have business interests in Asia. As a result, some employees have decided to limit their travel or activities in certain Asian countries due to concerns about avian flu.

How should a company handle the problem of an employee refusing to travel? The issue of whether his position would be threatened would obviously fall to his direct supervisors and/or the company's human resources department.

Yet, any actions must be taken with extreme caution. Keep in mind that the best ways for the company to protect itself from legal risks are also the best ways to protect travelers from health risks: Provide regular updates, reliable information and access to experts who can answer questions.

Source: T & E Magazine