Geared Up Issue 4 2017 | Page 52

50 s measured by the number of storms, major hurricanes and longevity, 2017 is amongst the worst of the Atlantic cyclone seasons. The devastation caused by the three hurricanes to strike the continental United States and U.S. territories is still being calculated as this article is being written. High winds, heavy rains and flooding battered businesses of all types and sizes. The Miami New Times ran at least one article listing open businesses and what services were, or were not, avail- able. Other news outlets ran articles about how workers were, or were not, fairing during the natural disasters, with business owners being profiled for the steps they were taking to help employees. While the 2017 hurricane season is now over and the massive fires in California have been quelled, other natural disasters in the form of winter storms are on the way (at least as this article is being written). Planning for natural disasters before they occur is critical to the survival of your business. In thinking through – and writing into a plan – what steps you will take to protect and restart your business, do you know what you will, or are required to, do for your employees if a natural disaster strikes? Safety. First, natural disasters raise safety concerns. Under federal law (the Occupational Safety and Health Act) and in many states, employers are required to provide a workplace free of recognized safety hazards. Thus, if your business is in an area susceptible to flooding, for example, or has a flat roof that may not by Douglas H. Duerr support the weight of accumulated snow and ice, you should have a plan in place for identifying when conditions have become dangerous and you need to send employees home. Also, keep in mind that, if your property is damaged and you ask/assign employees to perform repair tasks, legal obligations for hazard assessment, mandatory use of personal protective equipment (which you must provide), and so forth will apply. After natural disasters, state and federal workplace safety investigators are on the lookout for employers engaged in recovery efforts without sufficiently complying with safety regulations.