Employer Liability When Insisting on Work Attendance Amidst Dangerous Road Conditions

When significant snowfall occurs overnight and road conditions are hazardous, employees often face a difficult decision. Should they report to the workplace if the roads are not cleared, and are they at risk if they get into an accident despite their best efforts?

The Risks and Responsibilities

While some argue that it is the employer's responsibility to ensure safe conditions, the legal landscape can be complex and nuanced. If an employee informs their employer of unsafe road conditions and the employer insists that the employee come in, leading to an accident, can the employer be held liable? The answer is not always straightforward.

Documenting the Incident

It is crucial for the employee to document the conversation with their employer regarding road conditions and their decision to stay home. This documentation can be invaluable if a case of liability needs to be pursued. Moreover, consulting a lawyer specializing in employment law is a proactive step that can provide clarity on the employee's rights and options.

The "Choice" Argument

One perspective posits that the employee is liable for the accident if they choose to travel in unsafe conditions. The argument goes that the employee could have chosen to take a day off and not receive their pay, but opted for the day's income over their safety. This view emphasizes individual responsibility but overlooks the potential for employer coercion.

Essential Personnel and Mandatory Attendance

In some cases, employees, particularly in healthcare, are classified as essential personnel and must report to work even in hazardous conditions. For example, during heavy snowfall or severe weather, nurses and medical professionals are often required to come in, despite other workers being advised to stay home. This highlights the disparity in safety protocols and the additional burden on those considered critical workers.

Legal Limits and Regulations

There is a debate about the legal limits regarding employer accountability. While an employer could be held liable for a criminal threat to cause harm if they ordered an employee to come to work, it is less clear-cut for routine safety advisories. Still, there must be a line beyond which certain demands become unlawful mandates.

Preventive Measures and Proactive Steps

To mitigate the risk of riding in hazardous conditions, proactive measures such as using snow tires and communicating clearly with the employer are recommended. For instance, an appropriate message to the boss could be, “I will be in as soon as the road is clear.” Company policies typically advise against traveling on poorly maintained roads until they are deemed safe by local authorities.

Conclusion

The issue of employer liability when insisting on work attendance amidst hazardous road conditions is a multifaceted one that involves individual choices, legal frameworks, and safety regulations. Understanding these complexities and being prepared with proper documentation can empower employees to make informed decisions and stand up for their rights if necessary.