Swine flu: the legal issues

Q. Is there a duty of care on organisations to provide antiviral drugs such as Tamiflu or protective equipment such as face masks?
A. Although the law imposes a duty of care on employers to protect their employees’ health and safety, this probably does not extend to providing drugs or face masks during a flu outbreak. However, if an employer does make anti-viral drugs available to its staff, then it will assume a duty of care in the provision of those drugs that, if breached, could trigger liability for negligence. Particular issues would arise over the competence and qualifications of those distributing the drugs and whether they are insured to do so. The same principles apply to protective equipment, although it is foreseeable that frontline staff will, perhaps justifiably, expect additional protection in dealing with the public.