Companies and workers must make work plans in times of rainstorm cautions
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The Labour Department (LD) today (May 21) advised companies to make previous work plans for staff members throughout and after rainstorm cautions and severe conditions as early as possible, consisting of plans on reporting for task, release from work, resumption of work and remote work (if appropriate). These plans not just can guarantee the security of workers and smooth operation of organisations, however likewise contribute to keeping excellent labour-management relations.
“Employers should make prior work arrangements and contingency measures for staff which are reasonably practicable. In drawing up and implementing the work arrangements, employers should give prime consideration to employees’ safety and the feasibility of employees travelling to and from their workplaces. Employers should also give consideration as much as possible to the different situations faced by individual employees, such as their place of residence and the road and traffic conditions in the vicinity, and adopt a sympathetic and flexible approach with due regard to their actual difficulties and needs,” an LD representative stated.
To prevent misconceptions, disagreements and confusion, companies must seek advice from and engage staff members when preparing the plans and make proper updates or changes based upon the experience of each celebration and the requirements of both companies and staff members along with the real circumstances. The work plans ought to cover the following matters:
* plans in regard of reporting for task;
* plans in regard of early release from work;
* plans in regard of resumption of work (e.g. the variety of hours within which workers need to resume task after the caution worried is cancelled or severe conditions concern an end, when security and traffic conditions permit);
* plans in regard of remote work such as work from home (if appropriate) (e.g. task and work plans throughout and after rainstorm cautions and severe conditions);
* plans relating to working hours, earnings and allowances (e.g. estimation of earnings and allowances in regard of reporting for task and lack); and
* unique plans in regard of personnel needed to report for responsibility in times of negative weather condition or severe conditions.
“Employers should conduct a timely and realistic assessment of whether there is any need for requiring staff to report for duty at workplaces when rainstorm warning or extreme conditions are in force. In making the assessment, employers should take into account the safety of employees, the business nature, operational needs and urgency of service, with due regard to the manpower requirements, staffing establishment and individual situations of employees, and keep the number of staff at workplaces to the minimum as far as possible,” the spokesperson included.
If a Red or Black Rainstorm Warning Signal is released throughout working hours, workers working inside ought to continue to work as normal unless it threatens to do so. Supervisors of staff members working outdoors or in exposed locations ought to suspend outside responsibilities as quickly as practicable. They ought to schedule their staff members to nestle momentarily and resume responsibility just when climate condition allow. If the Black Rainstorm Warning Signal is still in force by the end of working hours, workers ought to remain in a safe location till the heavy rain has actually passed. An appropriate location in the work environment ought to be offered by companies as short-lived shelter for workers.
If the Government makes a severe conditions statement, apart from those needed by companies to report for responsibility at work environments, staff members are encouraged to remain in the location they are presently in or in safe locations when severe conditions are in force, rather of heading for work. Workers who have actually currently reported for responsibility at work environments might continue to work as typical in a safe way. If the offices remain in threat, companies must launch personnel from work early under practical conditions and in a safe way or provide a safe location as short-term shelter for workers. If the working time ends while severe conditions are still in force, companies can launch staff members from offices in a safe way or supply an appropriate location as short-lived shelter for those still at work environments.
If it is essential for staff members to report for responsibility at work environments under negative weather condition or severe conditions, companies ought to talk about and concur with them beforehand the task plans and contingency procedures. If public transportation services are suspended or restricted when the Black Rainstorm Warning Signal or severe conditions are in force, companies ought to supply safe transportation services for workers taking a trip to and from offices, or give them an additional taking a trip allowance.
The representative advised companies to observe the statutory liabilities and requirements under the Employment Ordinance, Occupational Safety and Health Ordinance, Factories and Industrial Undertakings Ordinance, Employees’ Compensation Ordinance and Minimum Wage Ordinance.
“As natural calamities cannot be avoided, for employees who are not able to report for duty or resume work on time due to adverse weather or extreme conditions, employers should neither deduct their wages, good attendance bonuses or allowances, nor reduce employees’ entitlement to annual leave, statutory holidays or rest days under the Employment Ordinance, or ask for additional hours of work from employees to compensate for the loss of working hours when they are unable to report for duty,” he stated.
Companies need to keep in mind that they have a responsibility to supply and keep a safe workplace for their workers under the Occupational Safety and Health Ordinance. If workers are needed to operate in times of cyclone cautions, rainstorm cautions or severe conditions, companies need to make sure that the dangers at work are minimized as far as fairly practicable. Under the Employees’ Compensation Ordinance, companies are accountable to pay payment for injuries or deaths sustained when staff members are taking a trip by a direct path from their home to their work environment, or from their work environment back to their house after work, 4 hours before or after working hours on a day when Tropical Cyclone Warning Signal No. 8 or greater, a Red or Black Rainstorm Warning Signal or severe conditions are in force.
The LD has actually released the “Code of Practice in Times of Adverse Weather and ‘Extreme Conditions'”which supplies the significant concepts, recommendation standards and info on pertinent legislation on making work plans for the referral of companies and workers. The brochure can be acquired from branch workplaces of the Labour Relations Division or downloaded from the department’s website (www.labour.gov.hk/eng/public/wcp/Rainstorm.pdf).