Although usually considered a household bug, bedbugs can be found anywhere that humans live or visit. They can be unknowingly brought into the workplace by employees, customers, clients and other visitors. What happens if bedbugs are discovered in the workplace? What are the employer’s obligations?

While there are no federal or state employment laws regulating an employer’s response to a bedbug infestation, employers have a duty to take reasonable precautions to protect the health and safety of their workers. Bedbugs move very quickly and can climb into bags or on clothing. The first step in an employer’s investigation of a report of bedbugs is to determine, to the extent possible, the scope of the bedbug presence. If bedbugs are, in fact, found, the workplace should be carefully inspected and an exterminator should be called.

It is quite common for the presence of bedbugs to be traced to an individual employee. Because of the stigma associated with bedbugs, it is important to use discretion and treat bedbug issues in a confidential manner. The New York City Department of Health has offered guidance in handling this type of situation, advising that, “the best course of action would be for a supervisor, HR, EAP, or union PSU personnel (as appropriate) to discuss the matter confidentially with the employee to learn if the employee is experiencing an infestation in his or her home. The employee should be provided with guidance and information … that can assist the employee in resolving any infestations at his or her home. In all cases, the employee should be advised to carefully check all garments, shoes, handbags, and other belongings for the presence of bed bugs before coming into the workplace.”

It is a strongly recommended that employers develop policies and procedures relating to bedbug infestations. Employers have a lot of discretion in these situations and may require an employee to take a leave of absence until the infestation is resolved. They may also require an employee to present proof of the abatement from an exterminator before being allowed to return to the workplace. Should an employee need time to resolve a bedbug problem at home, the employee should use his or her accrued leave.

In addition, the following precautionary measures can be taken to prevent bedbug infestations in the workplace and to protect employees:
Regularly inspect all areas of business for signs of bed bugs infestations at work.

• Eliminate clutter as best as possible.
• Carefully inspect all items and packaging for signs of bed bugs before bringing them into your business.
• Encourage employees to report suspicions of bed bug activity immediately, and always contact a pest professional to investigate each claim.
• Have a policy in place for employees who may suspect a bed bug infestation at home or in the office.
• If a bed bug infestation is found, work with a professional pest control company to treat the infestation and perform follow-up inspections.