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Are You Ready? You Better Be

By Judd Goldberg

Posted Thursday, October 12, 2006

Last year had 27 named storms. The year 2004 had 15. Through September of 2006, we've had nine named storms. Can we relax? Can we put away our disaster relief plans and concentrate on other matters? Not quite. Yes, Florida has been besieged by hurricanes during the last two years, but disaster recovery plans are not just for weather-related events. Unfortunately, in today's world, employers need to be prepared to handle all types of emergencies from workplace violence to planned demonstrations to tropical storms. A solid, well-crafted plan will serve an employer well through such challenging situations.

The first step is to have a plan. It does not have to be long; it does not have to be complicated or the product of many committee meetings. However, it does need to address the specific situation for which it was crafted, must identify a leader or leaders, must be easy to implement, and it must be easy to disseminate among your workforce. A plan that sits on a shelf that no one knows exists does not work. A good plan should address the following items in a simple and straightforward fashion:

  • When does the plan go into effect? If the plan addresses a weather contingency, the plan might go into effect when local government officials issue a certain advisory.
  • When will employees be sent home or asked to stay home?
  • How will employees know when it is safe to return to work? Employees should be provided with a contact information sheet providing instruction on whom to call to check in and learn of the facility's re-opening.
  • What is the protocol for securing the company's computer records? Does someone need to take physical possession of the back-up tapes? Does the back-up server need to be secured?
  • Will the telephone lines be transferred to another facility and/or different site?
  • Do employee files, payroll, and client files need to be moved off-site?
  • Once the emergency has passed, who will make the decision to re-open and how will the decision be made?
  • If the facility cannot be reopened, is there an alternate site already selected?
  • If not all the departments can open at once, what is the order of priority for the re-opening of the different departments?
  • Can the facility open and function with a limited scheduled?
  • In the aftermath of the emergency, will you allow those employees who cannot reach the facility and/or leave their homes to telecommute?
  • If necessary, will you provide your employees with temporary lodging, food, gas, and/or clothing?
  • If the company offers an Employee Assistance Program, what services will be offered to the employees on a confidential basis?
  • Compensating employees for absences caused by an emergency is not a straightforward issue. Consult your legal counsel before making such determinations.

Every emergency is different and employees react to the same event differently. To the maximum extent possible and without compromising anyone's safety, employers should be attuned to, and flexible with, the employees' needs before, during, and after the emergency. A well-crafted plan, as detailed above, goes a long way to securing the company's resources and the safety and well-being of the employees.


Judd Goldberg, a partner at Kirkpatrick & Lockhart Nicholson Graham, specializes in labor and employment law. He practices out of Kirkpatrick's Miami office.

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