– Natural disasters caused $313 billion in global economic losses in 2022.
– In the United States, there were 18 major natural disaster events with at least $1 billion in damages, and 3.4 million people were forced to leave their homes.
– Employers can prepare for natural disasters by developing an emergency action plan, as required by OSHA, to protect employees and reduce economic impact. – It is important for employers to provide robust training to employees on the emergency action plan to ensure they remember and follow it during a crisis.
– Employers should have a communication plan in place for before, during, and after an emergency, and maintain current contact information for all employees.
– Employers should be familiar with employee compensation requirements outlined in the Fair Labor Standards Act, as payment during a disaster depends on whether employees are classified as exempt or non-exempt. – Employees may be exempt from receiving compensation for waiting time or on-call time in certain situations, such as when the power is out at the workplace.
– Exempt employees must be paid their full weekly salary if any work is performed during the week, even if the workplace is closed due to a natural disaster for less than a full workweek.
– Employers can require employees to use paid time off or other leave during a natural disaster or emergency, but this policy should be communicated in advance.
– It is important for employers to protect their payroll and timekeeping records in case of catastrophic damage to the physical workplace. – Employers should follow their policies for paid time off usage following a natural disaster and be aware of requirements under the Family and Medical Leave Act (FMLA) and state and local laws.
– Employees may be entitled to leave or accommodation under the Americans with Disabilities Act if they suffer mental or physical injuries from a natural disaster.
– At-will employees who refuse to work during a natural disaster may be subject to disciplinary action, but some local and state laws provide protection for employees under mandatory evacuation orders.
– Employers should have a well-written emergency action plan and clear employment policies to protect both employees and the employer, minimize confusion, and ensure that operations can be quickly restored after an emergency. – A hazard assessment is needed to determine potential emergencies in the workplace
– Each worksite should have its own tailored emergency action plan
– It may be helpful to identify an emergency coordinator to lead response efforts
– An emergency action plan must include a method for reporting emergencies and evacuating employees, evacuation policies and procedures, emergency exit procedures and route assignments, contact information for relevant individuals both within and outside the company, procedures for essential operations during emergencies, and rescue and medical duties
– Additional beneficial elements to include are a designated assembly location and procedures for employee accountability, an alternative communications center, and a secure location for essential records.
https://www.rumberger.com/insights/employer-obligations-in-disaster-response/
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