I. Summary of the H1N1 Flu Virus
The Influenza A (H1N1) flu virus (hereinafter referred as “the H1N1 flu virus”) is a new type of varietal virus that causes respiratory problems, and has infected people all over the world.
Division Content
Infection Route •The H1N1 flue virus spreads in a similar way to the seasonal influenza virus, infecting other people through droplets in the air caused by coughs and sneezes of an infected patient.
Diagnostic Criteria • One or more of the following experimental methods is used to confirm whether a patient with acute febrile respiratory illness has been infected by viral agents of the H1N1 flue virus :
- Experimental methods: 1) Real-time RT-PCR; 2) Virus cultivation; 3) Conventional RT-PCR
Latent Period • The latent period has not been confirmed, but is presumed to be from one to seven days.
Clinical Symptoms • Normal symptoms are fever, runny nose, sore throat, coughing, etc. Some people may have nausea, diarrhea, vomiting, pneumonia, or feelings of helplessness, etc.
Treatment • The infected patient must be immediately isolated at a hospital or at home and receive antiviral medication for five days.


II. Related Laws

Criteria for Recognition of Work-related Accidents (Article 37 of the IACI Act)
(1) If a worker sustains an injury, a disability or disease, or dies from any of the causes described in the following subparagraphs, the injury, disease, disability or death shall be considered a work-related accident. This shall not apply in cases where there is no causal relationship between the work and the accident:
(2) Work-related diseases
A. A disease which occurs due to the handling of, or exposure to, harmful or hazardous elements while the worker is performing his/her duties;
B. Other diseases which occur in relation to work
(3) The specific criteria for recognizing work-related accidents shall be prescribed by Presidential Decree.
【Criteria for Recognition of Work-Related Diseases】
(Article 34 of the Enforcement Decree of the IACI Act)
(1) If a worker’s illness is included in the scope of work-related diseases referred to in Article 44 (1) and Table 5 of the Enforcement Decree of the Labor Standards Act, and meets all of the following conditions, the illness shall be seen as a work-related disease under Article 37(1) 2 A of the Act.
1. The worker has handled, or been exposed to, harmful or hazardous
elements while performing his/her duties;
2. It is deemed possible for the illness to arise in light of the number of hours which the worker has handled or been exposed to harmful or hazardous elements, the period during which the worker has been engaged in such work, work environment, etc., and
3. It should be medically recognized that the worker’s exposure to or handling of harmful or hazardous elements has caused the illness.
※ Reference
【Scope, etc. of Occupational Disease (Article 44 of the Enforcement Decree of the Labor Standards Act)】
(1) The scope of occupational disease and medical treatment as prescribed in Article 78 (2) of the Act is shown in Table 5.
【The scope of occupational disease and medical treatment(Table 5)】
33. Various contagious diseases encountered while carrying out duties of a job with potential risk of being contaminated while diagnosing, treating, and nursing patients or by doing other similar activities.
38. Other diseases that occur and are attributable to work-related activities
(3) Specific criteria for recognition of occupational diseases under paragraph (1) are shown in Table 3.
【Specific criteria for recognition of occupational diseases (Table 3)】
21. Diseases occurring due to causative agents like bacteria and viruses
In cases where infection is confirmed from causative agents, where the employee contacted infectious bacteria or other sources of infection, and where the latent period was long enough for infection to occur after contact, the disease shall be regarded as an occupational disease if there is causality between the infection and work.
A. Infection considered to be work-related for those who are working in health and medical facilities or related collective accommodations:
1) Employees infected by diseases transmitted through blood, such as Hepatitis B, Hepatitis C, Syphilis, AIDS, etc.
2) Employees infected by diseases transmitted through the air, such as Tuberculosis, Rubella, Measles, Influenza, etc.
3) Employees infected by other contagious diseases, such as Hepatitis A.
B. Infection considered to be work-related of those who are not engaged in health or medical facilities:
1) Leptospirosis due to working in humid workplaces
2) Scrub Typhus from working outdoors
3) Anthrax, Erysipelas, Brucellosis from handling animals and their carcasses, animal fur, skin, etc.
4) Epidemic Hemorrhagic Fever and Malaria occurring in those engaged in or organizing outdoor activities in workplaces where Epidemic Hemorrhagic Fever and Malaria exist, or in employees working in a laboratory
5) Legionella infection from contaminated coolant


III. Judgment of an H1N1 Viral Infection being an Occupational Disease
1. Criteria for Determination as an Occupational Disease
The H1N1 flue virus is a new type of varietal virus that has not appeared before, and has various infection routes and causes. If an employee’s infection with the H1N1 flue virus is to be considered an occupational disease, the disease shall clearly be attributable to the work, and there should be considerable causal relationship between the work being performed and the occurrence of the disease.
Because the H1N1 flue virus spreads in much the same way as seasonal flu viruses (through droplets in the air from infected people), in cases where an employee working in the health and medical field has been infected with H1N1, the illness shall be regarded as an occupational disease according to Article 34 of the Enforcement Decree of the IACI Act and its Table 3 (21-A).
In other employees who do not work in the health and medical field, if there is definitely a considerable medical causal relationship (exposure period to the H1N1 flue virus, intensity, scope, occurrence, etc.) between the work required and infection (unavoidability of exposure during performance of work duties), it shall be regarded, in a limited way, as an occupational disease according to Article 34 of the IACI Act decree and its Table 3 (21-B).
2. Handling Guidelines
- In cases where employees working in hospital or medical accommodation facilities are infected with the H1N1 flue virus, if such infection is medically determined to have been caused by contact with infected patients in the course of work performance, it is regarded as an occupational disease.
- It is not so simple to determine infection of other employees as an occupational disease, but if there is considerable medical evidence of a causal relationship (exposure period to H1N1, intensity, scope, occurrence, etc.) between the work and infection (unavoidability of exposure during performance of work duties), it shall be regarded, in a limited way, as an occupational disease.
A. Regarding those who are engaged in the health and medical field (the Article 34 of the IACI Act Decree and its Table 3 (paragraph 21-A)
Medical personnel who work at a designated hospital that accommodates or treats patients infected with the H1N1 flue virus, and become infected by the H1N1 flue virus, are considered to have caught an occupational disease, because the infection route is quite apparent. Infection that occurs after a sufficient latent period in employees wh