A version of this article was originally published in the December 2014 issue of The HR Specialist. It is reprinted here with permission.

The only thing certain about disasters and pandemics is that they are uncertain. You never know who, what, where, why and when they will strike. But whatever the cause, a disaster or pandemic can have a serious impact on a company, its operations, and the work and personal lives of its employees. That’s why developing a response plan is critical.

Because there are so many variables and unknowns, it is nearly impossible for employers to develop a specific, step-by-step disaster/pandemic response plan. However, having even a basic response plan in place will enable a company to “hit the ground running” if and when disaster or a pandemic strikes.

Communication Is Key

The key to any disaster/pandemic response plan is communication. What and how to communicate with employees should be thoroughly addressed in a response plan, and information should be communicated as soon as is practicable after the disaster or pandemic strikes. A communications plan should be updated regularly.

What employees should do, and where and when they should do it, is at the top of the list when it comes to communications. Employees should be advised of the company’s short- and long-term plans and where, when and how they should leave or report to work. They should also be aware of any special work restrictions or requirements. In addition, the company should be sensitive to the fact that the employees’ personal lives may have been impacted by the disaster or pandemic, so any assistance available to them should be included in these communications. That includes information regarding health insurance, employee assistance programs, leave policies, workers’ compensation, or any other available benefits or assistance.

A disaster may disable an employer’s primary means of communication, such as e-mail or telephone, so it is critical to have one or more backup modes of communication in place. For example, many companies are using password-protected links on their websites as a form of back-up communication. Employers should also have employees’ personal cell phone and landline numbers on file, if those are needed to contact employees in an emergency situation.

Assembling a Response Team

A disaster/pandemic response team that can react immediately and decisively should be assembled as part of the plan. The team should include decision-makers and those knowledgeable about all aspects of the company’s operations, including human resources. The team should meet regularly to discuss the company’s plan and update it as necessary. Companies should also consider including “back-up” members on the team, in the event that the primary team members are unavailable as a result of a pandemic or disaster.

Backup Files

Critical files, in both electronic and paper form, may be destroyed or inaccessible during a disaster. Therefore, it is important to back up any critical files regularly and place the back-ups in offsite storage. These files must be accessible to the response team and others to maximize business continuity and a smooth execution of the disaster/pandemic response plan.

Pay Attention to HR Policies and Employment Laws

Work schedules may be erratic after a disaster or during a pandemic because of the impact on employees’ personal lives and/or on the company’s operations. During this difficult time, it is important to pay attention to the company’s human resources policies and various labor and employment laws, including the following:

1. Family and Medical Leave Act (FMLA) – Employees may qualify for unpaid leave under the FMLA as a result of their own or a family member’s illness or injury due to a disaster or pandemic.
2. Americans with Disabilities Act (ADA) – Employees may become disabled during a disaster or as a result of a pandemic, which may trigger the need to engage in the interactive ADA process and provide a reasonable accommodation so those employees can continue in their positions.
3. WARN Act – The WARN Act governs certain workplace closings and mass layoffs. Disasters and other emergencies may qualify as an exception to WARN Act requirements. However, employers should still make certain that the exception is applicable, and they are complying with the WARN Act if any closings or layoffs are necessary.
4. Fair Labor Standards Act and State Wage Payment Laws – As discussed above, employees’ work schedules during this time are likely to vary. Whether dealing with a reduced schedule or overtime, employers must be careful to comply with all applicable wage and hour and wage payment laws.
5. Occupational Safety and Health (OSH) Act – It goes without saying that health and safety are a priority during and after a disaster or pandemic, especially since the disaster or pandemic may create additional workplace risks and hazards. In addition to a general duty clause requiring employers to provide a safe workplace, the Occupational Safety and Health Administration (OSHA) has specific safety and health standards that must be met. Moreover, as discussed in more detail below, OSHA and other federal agencies will often publish guidelines to assist employees in responding to specific disasters and pandemics.

Complying with National Disaster Preparedness Standards

NFPA 1600, developed by the National Fire Protection Agency (NFPA), is the national disaster preparedness standard for private businesses. It offers a comprehensive process for establishing an emergency preparedness plan, as well as a detailed self-assessment tool for conformity with the standard. Although NFPA 1600 is only a standard, and not a binding law, it provides a great starting point for employers when developing a disaster/pandemic response plan. A copy of the most recent edition of NFPA 1600 can be found at http://www.nfpa.org/codes-and-standards/document-information-pages?mode=code&code=1600.

Disaster/Pandemic Planning Tools

OSHA is also an invaluable resource for both preparing and executing a disaster/pandemic response plan. For example, OSHA developed a hurricane e-matrix designed to help employers in hurricane-impacted areas (https://www.osha.gov/SLTC/etools/evacuation/index.html) and an e-tool for evacuation plans and procedures (https://www.osha.gov/SLTC/etools/hurricane/index.html). OSHA also provides guidance for pandemic planning, both generally and in response to specific pandemics. OSHA’s fact sheet, which provides a general outline for protecting workers during a pandemic can be found at http://osha.gov/publications/OSHAFS-3747.pdf. Examples of OSHA publications related to specific pandemics or potential pandemics include its “Guidance on Preparing Workplaces for an Influenza Pandemic” (https://www.osha.gov/Publications/influenza_pandemic.html) and its publication on controlling and preventing Ebola in the workplace (https://www.osha.gov/SLTC/ebola/control_prevention.html). These and other OSHA publications are excellent resources for employers to use in preparing and executing disaster/pandemic response plans.

A well-thought-out response plan will maximize your company’s ability to withstand and survive a disaster or pandemic. The time to prepare the response plan is now – not when a disaster or pandemic is wreaking havoc in the workplace because by then, it may be too late.