Coming to Work in Dangerous Conditions
The Southern states are still recovering from the devastation of Hurricane Helene just as we’re looking ahead to winter weather in the Northeast. Most of the dangerous conditions in the areas worst affected down South came on very suddenly back in late September. Many people didn’t have time to change their minds about going to work, or may have been at work when the flooding began.
Here in Southeastern PA, it’s very rare for us to not know what’s coming. Even when damaging hurricanes pass through our region, we usually have time to prepare. We also don’t typically experience evacuation level flooding. With big snowstorms and ice storms, again, we almost always have time to plan ahead. But a sudden event is not out of the realm of possibility.
Business owners have a responsibility to make sure all of their employees can exercise the safest choice in dangerous conditions. Whether the issue is an impending storm of some kind, or a natural disaster is disrupting our systems and roads, employers need to provide clear guidance and policies.
Common Sense Commute Policies
If your employee manual does not currently have a section about safe commuting and working in adverse conditions, consider adding one. These policies should be carefully written so that all employees can easily understand them. It’s a good idea to review them verbally as well, so that there’s no confusion about how to handle dangerous weather or other events.
The balance that you should attempt to strike in your policy is one of employee safety and business stability. Policies that prioritize the business can create a situation where employees feel obligated to come to work when they shouldn’t. Policies that focus only on employee safety can be used to take advantage of your efforts to be conscientious.
To strike that balance, think through several types of scenarios. It’s not always as simple as what’s happening on the roads. Power outages and property damage will also impact both employees and your workplace. Sometimes employees will have to prioritize their home life in a way that prevents them from working remotely or getting to work later in the day. Make sure your policies allow for them to protect their families.
Check the regulations to make sure your policies are in compliance with OSHA and the Department of Labor. We recommend having both your commercial insurance agent and your attorney review your official policy before you roll it out to employees.
Am I Liable for My Employees’ Commute to Work?
You may or may not have commercial liability for an employee injury or fatality on the way to work. If you require employees to come to work in dangerous conditions, and a lawsuit finds that this is negligent on your part, your business might be liable for damages. If, however, you have reasonable policies that allow employees to prioritize their own safety, you would most likely not be liable for an employee’s voluntary choice to commute.
Your business policy can get really contentious as it relates to wages. You are required to pay salaried employees if you close the business for weather reasons. If you choose to keep the business open, and salaried employees decide not to come to work, you can usually require them to use their PTO for the hours they did not work. You are not required to pay hourly employees for time they are not working, though. If your hourly employees don’t have PTO to use, or they simply can’t afford to lose the time, this might motivate them to try to come to work even if it’s dangerous to do so. Although you might not be liable for an accident on their way in, you will feel the cost in other ways.
Review your options for reducing this risk as much as possible. Some ideas are to set aside emergency funds to pay hourly employees during a weather closure or offering overtime to recover lost wages as soon as it’s safe to work again. Often, grants will become available to assist employers whose operations are impacted by extreme weather. This could help you make up some of the financial loss of paying employees when they aren’t working.
One question our office receives regarding weather is about Workers Compensation. Does an employee have a Workers Comp claim if they get in a weather related accident on the way to or from work? The answer to that is no. Getting to and from work doesn’t fall under Workers Comp protection. The employee has to have a weather related accident while on the clock for a claim to apply.
Assisting Employees After a Disaster
When a disaster or extreme weather happens, things don’t always go right back to normal once it is over. Your employees might have damaged homes and cars, or other significant losses. Maybe their power at home is still not back on.
It’s good business practice to make sure your employees have what they need for recovery before you get back to business as usual. Once again, some emergency funds set aside could allow you to help employees make repairs, find reliable transportation, or get alternative housing. Use your corporate credit card points to stock up on gift cards that employees can use to buy meals, gas, clothes, and groceries after a damaging event. Work with your Chamber of Commerce or other local resources to make sure the overall community is getting back on their feet. This is reputationally good for business, but it’s mostly just good for all the people that your business can reach.
The catastrophic damage in the South should have inspired most of us here in the Northeast to give our inclement weather policies a second look. Are we really accounting for a broad range of disasters? A comprehensive policy will ensure that your employees understand your expectations and your concern for their safety.
To review your existing weather policy, and your commercial liability policy, contact us. We can offer guidance and referrals for your handbook, and we can make sure you fully understand your risks as an employer. Our job is to educate, nurture, and empower business owners through insurance so that you know your responsibilities and have the right protections in place for your business and employees. We serve commercial clients for general liability, workers compensation, property, and other types of insurance in Hatfield, Lansdale, Souderton, Harleysville, and throughout the region in Montgomery County and Bucks County, Pennsylvania.
