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I. Introduction, 3 A. Understanding the Legal Issues Surrounding Emergency Preparedness for Infectious Disease Outbreaks, 3 B. Digest Overview, 4 II. Legal Background, 4 A. Overview of State Powers, 4 B. Overview of Federal Powers, 6 C. Additional Federal Laws, 9 D. Federal Laws at a Glance, 9 E. Employment IssuesâFederal Protections, 10 F. Airports and Air Travel, 11 G. The Fourth Amendment, 12 H. Interplay of State and Federal Law, 12 I. Conflict of State and Federal Laws: Preemption, 13 III. Closures of Major Traffic Generators, 13 A. Introduction, 13 B. Definition of Closure of Major Traffic Generators, 13 C. State Power to Close Public Facilities, Private Facilities or Businesses, and Other Major Traffic Generators, 14 D. State Transit Authorities or Transportation Departments, 15 E. Case Study: Public Health Policies and the 1918â1919 Influenza Pandemic, 15 F. Additional Legal Issues with Closures of Major Traffic Generators, 16 IV. Full or Partial Suspension of Service, 17 A. Introduction, 17 B. State Powers to Suspend Service, 17 C. Additional Legal Issues, 18 V. Screening and Prescreening, 20 A. Definition of Public Screening and Prescreening of Passengers, 20 B. Screening, 21 C. Prescreening of Passengers, 25 D. Additional Legal Issues with Screening and Prescreening Practices, 26 E. International Case Study: Severe Acute Respiratory Syndrome Pandemic, 27 CONTENTS VI. Quarantine and Isolation, 28 A. Introduction, 28 B. State Powers to Quarantine and Isolate, 28 C. Federal Powers to Quarantine/Isolate, 32 D. Federal vs. State Quarantine/Isolation Powers at a Glance, 33 E. Additional Legal Issues with Quarantine and Isolation, 34 F. Case Study: The 2014 Ebola Outbreak, 36 VII. Employee Protocols and Work Safety, 38 A. Definition and Scope of Employee Protocols and Work Safety, 38 B. Employee Refusal to Work During an Outbreak, 40 C. Transportation Protocols, 42 D. Case Study: Worker Absenteeism Example from Pandemic Flu Planning, 43 E. Employee Protection on the Job, 44 F. Additional Legal Issues with Employee Protocols and Worker Safety, 45 VIII. Infection Control and Disinfection Measures, 47 A. Definition of Infection Control and Disinfection Measures, 47 B. Infection Control, 47 C. Social Distancing, 49 D. Monitoring and Tracking, 49 E. Interagency Coordination, 50 F. Disinfection Measures, 51 G. Legal Issues with Infection Control and Disinfection Measures, 53 IX. Conclusion, 54
