Business lessons from a disaster

Learning from Hurricane Helene: What Not to Do in the Face of Inclement Weather
By: Amy Angel & Lex Shvartsmann
Barran Leibman Law

In the aftermath of Hurricane Helene, one employer’s apparent failure to have and adhere to a common sense inclement weather policy has underscored why having such a policy is so important. Impact Plastics, a Tennessee employer, reportedly required its employees to remain on-site as the conditions of Hurricane Helene continued to worsen, and five employees died in the floodwaters. Impact Plastics now faces a $25-million wrongful death suit and is being investigated by the Tennessee Bureau of Investigation and the Tennessee Occupational Safety and Health Administration.

Although Pacific Northwest weather rarely reaches extremes comparable to Hurricane Helene, this tragic story serves as a reminder to employers that the costs of failing to prepare and implement an adequate inclement weather policy are too high to ignore. Now is the best time to set in motion proper policies for inclement weather to avoid the chaos and potentially deadly costs of impromptu decision-making.

Here are some considerations to keep in mind when crafting your policies and preparing your business for inclement weather:

• Be clear on how and when employees will be notified in the event you decide to close due to inclement weather.

• Consider allowing employees to decide for themselves whether it is safe to report to work based on the conditions in their immediate area.

• Make clear to your employees the expectations in place in the event they are unable to report to work or need to work remotely.

• Ensure employees are aware of whether they will be paid for missed time or if they must use accrued paid time off.

• Ensure that your practices for paying exempt employees during these periods are in compliance with applicable state and federal laws.

Employers should prioritize the health and safety of their employees in all circumstances. This includes creating and maintaining an emergency safety plan, as well as ensuring that employees are sufficiently educated to carry out that plan in the case of an emergency.

For more advice on compliance and best practices in the face of inclement weather, check out our previous E-Alert on storm-proofing your inclement weather policy here.

For questions relating to inclement weather policies and how to pay employees during inclement weather or other emergency closures, contact Amy Angel at 503-276-2195 or [email protected].

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