The Rain Is Coming: Disaster Preparedness, Recovery, And Employee Safety During Hurricane Season

Seyfarth Synopsis: With Hurricane Florence bearing down on the East Coast, employers are looking at potentially huge liabilities, including employee injuries and fatalities, not to mention facility damage and rebuilding. Employers should have an Emergency Action Plan, and if they have one, they should follow it.

Introduction

Authorities are closely monitoring the ongoing hurricane season as Hurricane Florence menaces the southeast coast of the United States. For employers who are obligated to keep their employees safe during working hours, disaster preparedness is critical. This blog contains an updated primer on (1) preparing for an emergency; (2) taking action during an emergency; and (3) cleaning up and resuming business after an emergency.

Preparing for an Emergency

29 C.F.R. 1910.38 requires all workplaces with more than 10 employees to develop a written Emergency Action Plan (EAP), when required by an OSHA standard, to identify and coordinate necessary employer and employee actions during an emergency. At a minimum, the EAP must include the following elements:

Means of reporting emergencies (fires, floods, etc.); Evacuation procedures and assigned exit routes; Procedures to account for all employees following an evacuation; Procedures to be followed by employees who must remain behind to attend to critical plant operations before evacuating; Rescue and/or medical duties for employees who are assigned and trained to perform them; and Names or job titles of people who can be contacted for more information about the plan. In addition to these required elements, it is recommended that employers also consider including the following in the EAP:

The location of the nearest hospital or emergency medical center; The type of alarm system used to notify employees of an emergency; Procedures for protecting information including procedures for storing or maintaining critical documents and records; The location and permissible uses of protective equipment such as portable defibrillators, first aid kits, dust masks, fire extinguishers, etc.; and The location of televisions or radios for further information during a disaster. Ensuring the development of an effective EAP also requires the employer to train employees to understand their roles and responsibilities under the plan. When conducting this training, the employer must address literacy, language, and cultural barriers to ensure that the training is effective. Employers also must document the...