Taking a snow day

Is there an obligation to protect employees from dangerous commuting in severe weather?

By Jeffrey R. Smith (jeffrey.r.smith@thomsonreuters.com)

Over the course of the long winter, Canadians get their fair share of big storms with bad conditions for travelling. When the weather forecasters warn of a big winter storm with snow, freezing rain and other various forms of punishment, it’s common for workers to wonder if they’ll get a “snow day” — if the weather’s that bad, then perhaps organizations will be forced to shut down operations for the day.

The decision to close and tell employees to stay home in inclement weather rests with the employer, which has to weigh the disadvantages of losing a day’s work against forcing workers to trudge through a long, slow commute in slippery conditions.

But how far does this responsibility go, both morally and legally?

A man walks down the middle of Portland street during a blizzard in downtown Dartmouth, N.S. When conditions are poor, should employers shut down for the day? (Photo: Paul Darrow/Reuters)

A winter storm can create conditions that are very dangerous to drive in — slippery roads, poor visibility, cold weather — as well as many potential delays. If these conditions are really bad, should the employer be obliged to close its office and keep its employees safe at home?

Employers have a legal duty to protect employees from harm in the workplace and this includes work-related functions outside the normal workplace. Could this duty extend to the commute in dangerous conditions? Would there (or should there) be liability if the employer stayed open in severe conditions and an employee who couldn’t afford to take the day off was hurt or killed in an accident caused by the conditions? What if police and weather forecasters had warned people to stay home unless absolutely necessary, as sometimes happens?

On one hand, severe weather is a fact of life in winter in Canada and one could argue we just have to adapt and get on with things. But, on the other hand, one could say that fact of life should mean we have to accept some days will not be good for travelling and employers should plan for a few days every winter to have the office closed when a severe storm sweeps in.

In the end, that could end up saving frustration, employee disenchantment and maybe even lives.

Jeffrey R. Smith is the editor of Canadian Employment Law Today, a publication that looks at workplace law from a business perspective. For more information, visit http://www.employmentlawtoday.com.

1 Response to “Taking a snow day”

  1. 1 Don February 8, 2011 at 8:50 pm

    I think municipalities should be able to determine days or hours when normal businesses get shut down in cases of extreme weather. As it is, the responsibility rests with the employer, who is unable to make an non-biased decision on the safety of their employees driving to work. It ultimately becomes a risk and cost of doing business in that town.

    I often laugh when police and other public officials encourage us to stay off the roads, yet the decision on whether I get paid does not rest with them.

    I struggle with the idea of employers having extended legal duty to include the commute, I think laws today have already gone too far in this regard. Besides, weather is very rarely the sole contributor to a fatal accident, lightning excepted, laying blame to the employer would be difficult.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

Subscribe to Canadian Employment Law Today

Special offer for new subscribers. Visit www.employmentlawtoday.com for more information.

Follow Canadian HR Reporter on Twitter

%d bloggers like this: