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As we advance through the height of tornado season, the recent severe weather events are a stark reminder of the critical need for effective tornado procedures in the workplace. Just this past weekend, the National Weather Service confirmed multiple tornadoes in Northwest Missouri, thankfully with no injuries reported.
However, neighboring states weren't as fortunate, with fatalities in Oklahoma and extensive damage throughout the Midwest, including in Nebraska where a tornado caused significant destruction in suburban Omaha.
In light of these events, it is critical for business owners and managers to understand the legal and safety implications of tornado procedures in the workplace. Specifically, when it comes to requiring employees to stay at the workplace and shelter during a tornado warning. One of our frequently asked questions is whether or not you, as an employer, are required to ensure the safety of your employees by mandating sheltering at the workplace.
This blog post explores the responsibilities and rights of both employers and employees under such circumstances, providing insights and guidance to navigate these turbulent times effectively.
When the sirens blare, signaling a tornado warning, employers face a crucial question when it comes to their tornado procedures in the workplace: can they legally require employees to remain on-site? Legally, while you can insist on employees staying within the safety of the designated shelter areas, compelling them to stay against their will crosses ethical and potentially legal boundaries.
It's essential for employers to communicate the risks of exiting the premises during a tornado, directing employees to designated "shelter in place" locations. Should an employee choose to disregard these directives, it may be treated as a disciplinary issue.
This underscores the importance of having a well-documented emergency action plan, including effective tornado procedures in the workplace, and ensuring it is thoroughly communicated to all employees beforehand.
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As an employer, you may be worried about your level of liability and responsibility to ensure the safety of your workers under OSHA tornado regulations. If you can't force your employees to remain in the building sheltering, are you responsible if they get hurt?
According to OSHA, as an employer, it is expected that you ensure your employees' safety while they are in the course and scope of their job and anytime they are on your property. That said, it’s likely not possible to physically restrain your employees from leaving the workplace.
Once again, this is why it is so important to include your business' tornado procedures in the workplace in your written Emergency Action Plan. It should be clearly spelled out how your employees are expected to respond in various emergency situations (fire, tornado, earthquake, etc.) and that this action plan is reviewed periodically (minimum of annually).
It’s also important that employees are required to sign off that they have received it and understand it.
If you have done this and an employee still refuses to follow the action plan and leaves on their own accord, that would usually be considered employee misconduct and that would be your defense to any OSHA follow-up.
Additionally, it would warrant some sort of disciplinary action to be taken against the offending employee. It is always a good idea to enlist the input of your employees in developing your action plan. When they have some ownership in the plan they will have confidence that it is a good plan and worthy of following for their safety.
When tornado warnings strike, ensuring the safety of your employees is of utmost importance. But what are your rights as an employer, and how can you balance the need for safety with business continuity? Axcet HR Solutions, a trusted professional employer organization (PEO), is here to provide expert guidance.
Our safety and risk management consultants can help you navigate the complexities of tornado warnings, develop effective shelter-in-place policies, and ensure compliance with regulations. Safeguard your employees and mitigate risks by leveraging the knowledge and expertise of Axcet HR Solutions.
Put employee safety first and protect your business. Contact Axcet HR Solutions today to learn how our experienced consultants can assist you in creating a comprehensive plan that prioritizes employee well-being during tornado warnings. Together, let's build a safer workplace environment.
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