Wildfires can cause disruptions for businesses and employees, creating unique challenges for employers. Beyond immediate safety concerns, employers must also address operational continuity, workplace safety standards, and employee rights. This guide provides practical insights to help employers fulfill their legal obligations and support their teams during these difficult times.
Workplace Safety: Protecting Employees from Wildfire Smoke
Employers in California must comply with state regulations designed to protect workers from wildfire smoke exposure. Under Cal/OSHA’s wildfire smoke standard, employers are required to:
- Monitor Air Quality: Regularly assess air quality when employees are exposed to outdoor air.
- Notify Employees: Communicate harmful air quality conditions and the protective measures being implemented.
- Provide Training: Educate employees on wildfire smoke hazards and how to protect themselves.
- Implement Controls: Take steps to reduce exposure, such as providing respirators or adjusting work schedules.
For more detailed information, refer to Cal/OSHA’s guidelines on wildfire smoke protection.
Wage and Hour Considerations
During emergencies, employers must navigate wage and hour rules for both non-exempt and exempt employees:
- Non-Exempt Employees: Must be paid for all hours worked, including on-call time. If no work is provided during a closure, employers are not required to pay non-exempt employees unless specific agreements state otherwise.
- Exempt Employees: Must generally receive their full salary for any workweek in which they perform work, even if the worksite closes for part of the week.
The California Labor Commissioner provides FAQs and more information on employment issues during wildfires.
Emergency Conditions and Employee Protections
California law prohibits employers from taking adverse action against employees who refuse to report to, or leave, a worksite due to reasonable safety concerns during an emergency. Employers should also avoid restricting employees from using personal communication devices for emergency assistance.
Before addressing disciplinary actions in these situations, employers should review the law and consult legal or HR professionals.
Protected Leave Options for Employees
Employers should be aware of several leave options that may apply to employees impacted by wildfires:
- California Paid Sick Leave (PSL): Employees can use PSL for absences related to their own illness or caring for a sick family member.
- FMLA/CFRA: Employees may qualify for leave under these laws if they or a family member develop a serious health condition.
- Emergency Responder Leave: Volunteer emergency responders are entitled to up to 14 days of temporary leave during qualifying emergencies.
- USERRA: Employees in the National Guard or Uniformed Services called to disaster relief efforts are protected under this law.
- ADA and FEHA: Employers must provide reasonable accommodations or leave to employees managing health conditions or other challenges related to the disaster.
Supporting Employees and Ensuring Compliance
Proactive measures and compassionate leadership can make a significant difference during wildfire emergencies. Employers are encouraged to:
- Stay informed by monitoring guidance from local emergency management agencies.
- Maintain clear communication with employees regarding workplace safety and operational updates.
- Engage with employees to address their needs, including accommodations or leave requests.
By prioritizing employee well-being and compliance, businesses can effectively navigate these challenging times while supporting their people.