It’s winter, and when the cold winds blow, blizzards, ice storms, and dangerous temperatures often disrupt business. Certainly, bad weather can hit at any time of year, so employers always need to understand their legal obligations. But an organization’s response should go beyond those requirements. Employers also need to know how to help their employees, who are, after all, key to recovery.
Peak hurricane season is past now, but this fall saw catastrophic hurricanes in the Southeast that destroyed homes and businesses, forced mass evacuations, and left death and destruction across wide swaths of several states.
One of the frustrating problems was a lack of communication. With electricity, cell service, and internet outages that went on for weeks, employers struggled to even check in with their employees.
Wintertime weather events can wreak similar havoc. So, it’s important to have a plan. The U.S. Occupational Safety and Health Administration (OSHA) offers information on how to develop an emergency action plan (EAP), a step that’s mandatory for certain types of employers.
Even if an employer isn’t required to have an EAP, compiling one can offer protection during an emergency. An EAP will include a number of points, but a few essentials include names, titles, departments, and phone numbers of individuals both within and outside the company to contact for additional information or explanation of duties. Another EAP component is an explanation of responsibilities under the plan and procedures for employees who remain.
Payroll services company Paychex suggests planning how the leadership team will communicate with each other and employees. That could involve one person or a group who will begin contacts when phone service is available. Even though a business location might not be accessible during a weather emergency, employees might still be able to conduct business.
The Small Business Administration offers help to employers at sba.gov, and other federal assistance is available through DisasterAssistance.gov.
The federal Occupational Safety and Health Act of 1970 (OSH Act) requires that covered employers provide a safe workplace. OSHA offers guidance to employers on their obligations at osha.gov/employers.
Another OSHA webpage (osha.gov/winter-weather) offers tips to prevent injuries when dealing with heavy snow. The site says employers should have a plan for safe snow removal and must:
Just as the OSH Act requires employers to provide safe workplaces, the Fair Labor Standards Act (FLSA) requires that employees be paid properly. Natural disasters can complicate those requirements.
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) reminds employers that even in times of disaster, employees must be paid at least the federal or state minimum wage (whichever is higher) for hours worked plus overtime wages for hours over 40 in a workweek.
Also, eligible workers may apply for unemployment or disaster assistance if they’re out of work because of a natural disaster.
Volunteers are often eager to help during emergencies, but the WHD reminds employers that although volunteers are not required to be compensated, they may be paid expenses or nominal fees. Also, workers cannot volunteer to perform their usual duties without pay.
More information is available in the WHD’s Natural Disaster Compliance Assistance Toolkit.
When disasters hit, employees have more than their jobs to deal with, and their employers can help. Uprise Health, a provider of digitally enabled tools and solutions for employee assistance, mental health, and more, offers tips for employers trying to help employees through disasters. Among the suggestions:
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