COVID-19 and Your Business: Emergency Preparedness and Developing an Emergency Action Plan

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In light of COVID-19, emergency preparedness and planning is on the forefront of everyone’s mind, and especially businesses. Businesses must make important legal and logistical considerations when an emergency or disaster displaces or otherwise affects the workplace. So, as an employer, how can you prepare for business continuity in case of an emergency or disaster? Businesses should have Emergency Action Plans, and the following provides guidance and resources in developing one. If you need assistance developing your Emergency Action Plan, SK&S Law Group attorneys can help. We can counsel through developing and implementing an Emergency Action Plan and ensuring compliance with local, state, and federal law. 

OSHA and Emergency Action Plans

 Unless you’re self-employed, your employees’ work is regulated by other federal agencies,  or you’re a public employee in state and local government, the OSH Act will apply. And while the OSH Act covers employment in all states, it’s important to note that state governments may also regulate health and safety matters. As a cornerstone, the OSH Act provides general duty clauses whereby employers are required to furnish employees with employment “free from recognized hazards that are causing or are likely to cause death or serious physical harm.” An employer who is located in an area prone to disasters should plan accordingly to comply with the general duty clause. 

Under OSHA, nearly all businesses are also required to have an Emergency Action Plan (EAP) for business emergency planning. An EAP is a written document which facilitates and organizes employee actions during an emergency. For employers with over 10 employees, an EAP must be written, kept in the workplace and available to employees for review. Employers with less than 10 employees may communicate their EAP verbally.

U.S. Department of Homeland Security and the National Response Framework

 The U.S. Department of Homeland Security (DHS) also provides guidance on protecting employees. Specifically, DHS has published the National Response Framework (NRF), which provides guidance on implementing worker safety during national emergencies. The NRF provides that employers have a fundamental responsibility to protect workers in the workplace. The NRF provides useful guidance for emergency planning, but does not require private employers to prepare an emergency response plan.

 For More Information: https://www.fema.gov/media-library-data/1559136348938-063ec40e34931923814dd50df638b448/NationalResponseFrameworkFourthEdition.pdf

 Federal Emergency Planning Agency Guidelines

 The Federal Emergency Planning Agency has established guidelines for suggested emergency planning by employers. Specifically, FEMA provides that employers should take the following actions: 

  • Form a planning team. 

  • Analyze current capabilities and possible hazards

  • Identify applicable codes and regulations to ensure compliance

  • Develop an EAP

  • Implement the EAP

For more Information: https://www.fema.gov/media-library-data/20130726-1511-20490-6446/bizindst.pdf

There’s a lot that goes into emergency preparedness for any business, and a complex legal landscape to navigate. We’re here to provide guidance through the process of developing an emergency preparedness plan, ensuring your business is in compliance with law, or providing any other counsel you may need as a business owner facing the unprecedented waters of the COVID-19 pandemic.

Christina Saunders