A bird flu pandemic would be a disaster on every front. If one does happen, it's likely that the survivors will look for someone to blame -- someone to pay out a lot of money. For compensation of the loss of loved ones. To make up for losses of jobs and businesses.



That's the new American way.

A bird flu pandemic would likely qualify as a force majeure -- an act of God (or the Devil) that nullifies contracts.

It's also possible that post-pandemic courts could determine that, given the enormous amount of publicity given to bird flu in this period, that all responsible people should have prepared for the eventuality of a pandemic.

It's also possible that so many lawyers and judges will succumb to bird flu and so much wealth will have been wiped out that the government will declare some kind of blanket "we all suffered, now let's just rebuild" amnesty on all bird flu lawsuits.

But don't count on it. It's better to be prepared.

After all -- given the enormous amount of media attention given to bird flu, all organizations and individuals and families should be planning for a pandemic.

Governments and politicians around the world understand this. That's why everybody from President Bush to Zambia is coming up with pandemic action plans, stockpiling Tamiflu, increasing surveillance of sick chickens and people, attending international conferences and so on.

That is why Secretary of Health and Human Services Michael Leavitt is holding meetings in every state and telling everybody who'll listen: Don't count on the federal government. We're doing what we can, but we don't have the resources to rescue every city and town in the United States."

They understand the "CYA" Principle.

1. Build a cash reserve to get you through bad times.

This applies to families, businesses, non-profits and governments. Bird flu will not be business as usual. A bird flu pandemic will cause enormous economic problems as well much loss of life.

2. What would be the role of your organization during a bird flu pandemic?

If you're a hospital, you'll play a crucial role.

If you own a small bake shop, you may as well close down for the duration and stay at home -- isolated from the virus.

Or, perhaps, you could contribute your cakes to the Meals on Wheels distributing food to families confined to their houses.

(Actually, it's nutritional idiocy to eat sugar and white flour when you need to keep your immune system strong, but I'm sure most people will ignore this, even while they're dying of bird flu.)

However, you'll still need to make plans to compensate your employees for the down time and to secure your business against looters.

Don't be so sure you have no role to play. If you own a small bicycle shop when there's a gasoline shortage, you may have do a tremendous business helping people get around without a car.

3. How can you perform your most important functions with a greatly reduced staff?

It's estimated that a pandemic could mean up to 40% absenteeism because employees are dead, sick or caring for sick family members. (Personally, I think that in an all-out pandemic 40% would be an optimistic figure, but that's just me.)

For instance a city government could transfer everybody in the marriage license department to administrative jobs in the police department, to keep more police on the streets to maintain law and order.

4. What measures can you take to prevent the spread of the virus within your organization?

Every employee who feels sick or who has a sick family member should get paid leave -- and stay home. No if, ands or buts. Nobody is so valuable that their work justifies risking the lives of everybody else -- yet every such employee could transmit the virus to other employees or customers, even if they feel fine. But the business should pay the wages for all regularly scheduled work times, to prevent employees from feeling forced to work due to the need to pay bills.

As much as possible, conduct business by telephone.

Provide masks, germicidal lotions, alcohol wipes to employees. Give them as much physical space or isolation as possible. Keep the physical premises clean and disinfected. Encourage employees to wash their hands frequently.

Sick customers could be a special problem. If you sell something they need, do your best to accomodate them with as little exposure to your employees or other customers as possible. Maybe they would wait outside your door while an employee put their items in a bag for them.

Failure to provide a safe work environment could result in OSHA sanctions and worker lawsuits.

5. Medical facilities will have their own special requirements and liabilities.

I can't replace the advice of lawyers who are specialists in this area.

I do suggest that at a minimum, you figure out how to physically separate the bird flu area of your hospital -- and do not allow any contact between the two. Even doctors should stay on one side or the other.

If you can control the air flow so that no air from the bird flu area can seep into the rest of the hospital, so much the better.

Also, educate all your employees -- even some doctors need this, unfortunately -- on the need to thoroughly disinfect their hands between patients. Provide a germicidal hand lotion. Make it a requirement they use after completing work on every patient that they see.

As a general rule -- protect the lives of yourself and your family, your employees and your customers above all else. Take proactive steps to handle the threat of a bird flu pandemic.

Where the function of your organization is necessary for health and safety -- take all necessary proactive steps to perform your function . . . which don't risk lives and safety.

You will probably take a financial hit. That's why my first piece of advice was to put aside as much cash as possible in preparation for the extra expenses a pandemic will impose.

Remember that it's cheaper in the long run to pay for an employee's pandemic sick leave and to provide employees on duty with germicidal hand lotions -- than to pay for a post-pandemic lawsuit.

There's no such thing as a vaccine that will give you total immunity from a pandemic of lawsuits. But bird flu will decimate the ranks of trial lawyers along with everyone else. Those left alive will most likely go first for the easy targets -- the many businesses who made no pandemic preparations.

If you've maintained good relations with employees and customers by looking out first of all for their health and safety, you aren't immune, but you've considerably reduced your exposure to catching the bird flu lawsuit virus.