Requiring employees to work when bad weather hits

Q         Can an employer require employees to come into work during inclement weather, especially essential employers (i.e., hospitals) that don’t close during emergencies?

Inclement weather is a forgone conclusion in Massachusetts. You should consider several factors when evaluating whether to require workers to report during inclement weather.

First, has the state issued any orders related to the weather? Although rare, there have been occasions where weather was severe enough for the state to issue a travel ban. You would be required to comply unless your business and employees were exempt. In the past, essential employees, such as healthcare workers, have been permitted to travel even during a travel ban. This type of ban shouldn’t be confused with the much more common request to “stay off the roads,” which is a recommendation that should be strongly considered when deciding whether employees should be asked to report but isn’t a mandate.

The second consideration for inclement weather is the safety of employees. Under the Occupational Safety and Health Act (OSH Act), you “have a responsibility to provide workers with employment and a place of employment which are free from recognized hazards, including winter weather related hazards.” If you cannot provide a safe place for employees to work—such as parking lots and sidewalks free from snow, ice, or debris—then you should consider not having employees report until the areas can be cleared.