Emergency situations can happen anywhere, without warning. Virtually every day we see footage on the news of devastating natural disasters or emergency situations all over the world. What are an employer’s duties with respect to emergencies?
California law requires that every employer have an Emergency Action Plan. Such a plan must include steps for evacuating employees, providing emergency medical attention, and reporting emergencies to employees and local agencies. While every employer must have a program, not all employers are required to “keep records” of such a plan. The record keeping requirements do not apply if the employer (1) has 10 or fewer employees, (2) has 20 or fewer employees and is in a designated low-hazard industry, or (3) is a local government entity, seasonal employer or licensed contractor.
Where a written plan is required, the plan must specify the following: (1) person(s) responsible for implementing the plan or portions of the plan; (2) how to communicate emergencies to employees; (3) fire and emergency evacuation policies; and (4) personnel assigned to provide first aid and emergency medical attention.
California also requires that employers train employees when a plan is established or modified. Newly hired employees also must be trained. The best way to accomplish this training is by conducting emergency training and emergency drills periodically. Formal inspections are generally not required by California law. More information regarding Emergency Action Plans can be found at http://www.dir.ca.gov/title8/3220.html.
We all know it is impossible to predict or completely safeguard employees from all emergencies or disasters. Yet the law does require employers to take steps to protect their employees, and a big part of that is the Emergency Action Plan. If your company does not have such a plan in place, take the time to create one. If your company hasn’t reviewed its plan in several years, take the time to review it. You owe it to your employees, and it’s the law.
