Examine winter-weather policy before hazardous conditions strike

Although the calendar shows winter is still a month away, employers would be wise to think now about how they’ll handle the challenges hazardous winter weather will bring.

When snow, ice, or other extreme weather shows up in the forecast, employers’ thoughts turn to how weather might prevent employees from getting to work and how those employees can stay safe when they are able to be on the job. Rather than just hoping for the best, many employers develop an inclement-weather policy intended to balance employee safety with the need to keep workers working.

What’s in a policy?
Attorneys at Steptoe & Johnson PLLC, editors of West Virginia Employment Law Letter, outlined in an article issues to keep in mind when developing a policy. “Although there’s no standard policy that will work for every employer, most inclement-weather policies have one central theme: employee safety,” they wrote. Issues to consider include:

• Encouraging employees to avoid driving in unreasonably hazardous conditions.
• Modifying business hours if driving conditions are hazardous.
• Establishing a call-in procedure for employees to use to learn whether business hours are being modified.
• Allowing employees to use sick leave or other types of leave when driving is hazardous.

Keep FLSA in mind
Although it makes sense to allow people to stay home — and out of harm’s way on slick roads — during a winter storm, the intricacies of how to handle time worked versus time off can raise questions. So, it’s important for employers to understand the implications of the Fair Labor Standards Act (FLSA) when deciding how to handle pay for employees who either stay home or leave early because of weather.

The West Virginia article reminds employers that nonexempt workers generally must be compensated just for the time they work. “Therefore, if a nonexempt employee works a partial shift because of inclement weather, you are required to pay her only for the time she actually worked, as opposed to what she would have earned had she worked a full shift,” the article states. Nonexempt workers who have paid leave often are allowed to draw on that time so they don’t lose pay for weather-related absences.

The situation is different for exempt employees. “With limited exceptions, those employees must be paid their normal salaries,” the article states. “Therefore, if an exempt employee works only a partial shift because of inclement weather, you still have to pay him his regular salaried wages without any deduction for the portion of the shift he didn’t work. Moreover, if an exempt employee is ready, willing, and able to work, he must be paid his regular salaried wages even if you choose to close your operations for a day or two because of inclement weather.”

Employers can deduct from an exempt employee’s leave bank, but if no leave time is available, the employee’s pay can’t be reduced because of the employer’s decision to close down for a day or two.

OSHA’s view
The U.S. Occupational Safety and Health Administration (OSHA) reminds employers that they bear some responsibility for the safety and health of workers. On its website, OSHA urges employers to monitor weather reports when a winter storm is possible.

Winter hazards identified by OSHA include:

• Driving accidents resulting from slippery roads.
• Carbon monoxide poisoning, which can occur when someone is stranded in a vehicle. OSHA advises keeping the exhaust pipe clear of snow and opening a downwind window slightly for ventilation.
• Hypothermia and frostbite.
• Dehydration, back injuries, or heart attacks, which can result from strenuous activity such as shoveling snow.
• Slips and falls resulting from slippery walkways.
• Electrocution and burns from downed power lines.
• Being struck by falling objects such as icicles, tree limbs, and utility poles.
• Falls from snow removal on roofs or while working in aerial lifts or on ladders.
• Roof collapse under weight of snow.
• Lacerations or amputations from unguarded or improperly operated chain saws and power tools or from improperly attempting to clear jams in snow blowers.