In the wake of her approach, Hurricane Idalia is encouraging Florida residents to take advantage of their state’s tax-free holiday for “disaster preparedness.” The Federal Emergency Management Agency (FEMA) suggests that this timely tax reprieve allows citizens to stockpile essential supplies without financially penalizing them. However, it’s not only the populace that needs to brace for Idalia — employers too must grapple with potential operational disruptions and the connected legal implications.
As this JD Supra article reports, employers may have to quickly adapt to mandatory evacuations, potential loss of electricity, and potential property damage that cyclones or similar meteorological circumstances can provoke. These natural emergencies also accentuate potential HR-related legal issues and liabilities that could arise before, during, and after a major storm.
When storms like Idalia threaten, the Occupational Safety and Health Administration (OSHA) expects companies to prioritize their employees’ safety. It is General Duty Clause, Section 5(a)(1) stipulates that firms must “provide a place of employment free from recognized hazards that are causing or likely to cause death or serious harm.”
Duties might encompass providing emergency kits, securing the workplace, or even evacuating. Fines can be imposed for companies that don’t conform to these standards. Tellingly, in the aftermath of Hurricane Katrina, many employers faced stringent criticism, with some taken to court over their perceived neglect of employee safety.
Employers also navigate a labyrinth of employment laws, many of which become particularly pertinent during times of disaster. Some firms may have to manage wage-hour complexities if they choose to remain open or if their workforce has to perform duties remotely. It’s also critical to consider the implications for employees on medical leave or vacation, or those who may be differently-abled.
In the face of Idalia or similar threats, it’s incumbent upon corporations to engage legal counsel, review their disaster response plans, and create a survivor-friendly environment that minimizes potential liabilities. Indeed, the storm brewing outside the operating environment should not be allowed to fester into a legal storm within.