by Jackson Lewis
Once again, the workplace is the target for criminal activity that may be another
form of terrorism. Several recent confirmed incidents of U.S. Postal Service mail
delivered to places of employment and containing anthrax have spurred the Postal
Service, the Centers for Disease Control, and the Occupational Safety and Health
Commission to issue advisories for how to respond to the threat of contaminated mail.
These advisories posted on the web sites of the USPS, CDC, and OSHA provide information
on how to identify suspicious letters and packages and how to respond to mail suspected
or known to be contaminated. They also provide links to other resources, such as
the Federal Emergency Management Administration. Go to http://www.osha.gov/bioterrorism/pkghandling.html
Characteristics or Signs of Suspicious Mail
Both CDC and USPS list characteristics or signs to look for in identifying mail which
may be contaminated with biological or chemical agents, or which may be otherwise
hazardous. Those characteristics include:
- no return address;
- excess postage;
- misspelled words;
- sloppy typing or handwriting;
- wrong or incomplete addressee information;
- lopsided or uneven envelope or packaging;
- excessive tape or string;
- stains or discoloration on envelope or wrapping;
- an unrecognized or unexpected foreign return address;
- a strange odor.
Summary of Preventive or Responsive Measures
The Centers for Disease Control advise the following steps be taken if a suspicious
letter or package is detected prior to being opened:
- do not shake or empty the contents;
- place the envelope or package in a plastic bag or some other type of container
to prevent leakage, or cover it with anything available, such as clothing, paper,
or trash can, and keep it covered;
- leave the area and close the door or barricade the area to prevent others from
entering;
- wash hands with soap and water to prevent spreading to other places on the body;
- report to a supervisor or building security and to local police;
- list all people who may have been exposed to the item and provide the list to
those officials for follow up.
If an envelope or package already has been opened and contains powder, or powder
spills out:
- do not clean up the powder, and cover the contents immediately with anything,
such as clothing, paper or a trash can;
- leave the room and close the door or barricade the area to prevent others from
entering;
- wash hands with soap and water and shower with soap and water as soon as possible;
- report the incident to a supervisor or building security and to local police;
- remove and store contaminated clothing in a sealed container to be given to emergency
officials for follow up;
- provide a list of all people who may have been exposed to the contaminated item
to the law enforcement and emergency medical authorities for follow up and investigation.
The United States Postal Service has similar advice for mail handling procedures.
Additionally, the Postal Service advises individuals to take as instructed any medication
prescribed by a physician as a result of possible exposure.
More information is available from the CDC, the USPS, and OSHA on their respective web sites:
What Employers Should Be Doing Now
While there has not yet been any mandate issued by a court, legislature, or governmental
agency requiring employers to institute mail handling procedures, employers across
the country are assessing the risk to their employees and developing appropriate
responses. Precautions for handling incoming mail may include using protective devices,
such as:
- letter openers
- latex gloves
- surgical masks
- segregating suspicious items for retrieval by the addressee
Employees who process or handle incoming mail should be advised what to do and
whom to contact if they find a suspicious item or are exposed to powdery or other
foreign substances contained in a letter or package. Others measures may be needed
to protect employees adequately and to provide the information they need to avoid
unnecessary panic or overreaction.
For more information, please contact one of the Jackson Lewis workplace safety practice
group attorneys: Edwin G. Foulke, Jr., 864-232-7000,
[email protected]; Roger
S. Kaplan, 516-364-0404,
[email protected].
The articles in this Update are designed to give general and timely information on
the subjects covered. They are not intended as advice or assistance with respect
to individual problems. This Update is provided with the understanding that the publisher,
editor or authors are not engaged in rendering legal or other professional services.
Members and others should consult competent counsel or other professional services
of their own choosing as to how the matters discussed relate to their own affairs
or to resolve specific problems or questions.
Jackson Lewis is a national law firm with practice limited to the representation
of management in employment, labor, benefits and immigration law and related litigation.
Website: http://
www.jacksonlewis.com.
Email: [email protected].
Call: (800) 648-2551.