Can I Refuse to Go to Work when Roads Are Dangerous?
When the weather turns cold and the roads become much more dangerous to travel, many employees question their rights. Can you refuse to drive in inclement weather? The answer is sometimes yes and sometimes no.
According to the Occupational Health & Safety Administration (OSHA), a motor carrier employee has the right to refuse to drive when he or she is afraid for his or her safety. This means an employer cannot fire, discipline, or otherwise discriminate against an employee for such refusal. Generally speaking, a motor carrier driver is one who operates a vehicle transporting people, hazardous materials, or cargo for business purposes.
For the rest of the working population, the law is not quite as forgiving. If you commute to work, you cannot simply refuse to drive to work due to a fear of road conditions. Your employer must agree that the weather is too dangerous for driving. Otherwise, your employer has the right to fire or otherwise discipline you for not coming to work.
When Businesses Close for Bad Weather
If weather is so bad that businesses must close, it is important to know what to expect when it comes to pay. Under the Fair Labor Standards Act (FLSA), employers are not obligated to pay their hourly employees for hours not worked due to bad weather. They are only required to pay for hours spent working.
On the other hand, employers must pay salaried employees for days not worked due to inclement weather closures. Aside from the rare exception, an employer cannot withhold your earnings if he or she decides to close the business due to dangerous weather conditions.
As a rule of thumb, if your business has elected to stay open during dangerous weather and you choose to stay home, your employer can generally deduct the time off from your accrued leave. In cases where there is no accrued leave, your employer may deduct from your paycheck the pay for the days you missed. For more information, read our tips on what to do if you feel pressure to drive to work in dangerous weather.
Unsafe Work Conditions
Roads are not the only source of concern when it comes to the wintertime. Depending on your job, you may be exposed to the cold and other extreme conditions at work. If this is the case, there are protections in place for you.
Under the OSHA regulations, if an employer sends an employee to the roof or to another elevated surface to remove accumulated snow, there are strict fall protection and safety requirements that must be followed. The employer is required to evaluate any potential hazards and protect its workers from falls.
Workers are also protected from unsafe work conditions under the National Labor Relations Act (NLRA). The NLRA rights are similar to those granted by the OSHA regulations. Under the act, workers can refuse to work under unsafe conditions if certain criteria are met. It also protects workers from retaliation from their employers for such refusal. However, as mentioned above, these laws do not protect employees who refuse to drive to work when the employer did not agree that the weather was too dangerous for them to do so.
Want more information on how we help with other related employment concerns and disputes? Click here.
If you are in need of an employment law attorney, contact our attorneys at Robert A. Klingler Co., L.P.A. in Cincinnati, Ohio
What Our Clients are Saying
The Opinions That Matter Most
At Robert A. Klingler Co., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
-
"I recommend him without any reservations."If you are looking for an attorney who truly wants to help, to listen, who cares about you and will represent you with passion and determination. Bob Klinger is your attorney.- Attorney Pablo Sartorio
-
"You simply cannot find a better lawyer to help you through your toughest times."
Bob Klingler is an outstanding attorney. Not only does he hold an exceptional intellect, drive and talent, but he deeply cares for the people he represents. You simply cannot find a better lawyer to help you through your toughest times.
- Attorney Gregory McMenamy -
"I endorse him without reservation."
Robert Klingler is an outstanding employment attorney who obtains remarkable results. Robert has won verdicts in significant cases, though vigorous representation of his clients. I endorse him without reservation.
- Attorney Tod Thompson -
"I highly recommend Bob."
I endorse this lawyer. Bob is a skilled and compassionate trial attorney. Even though he has years of experience, he constantly strives to improve and be the best attorney he can be. I highly recommend Bob.
- Attorney Michael Kyle -
"Bob is a smart, poised and dedicated lawyer."
Bob is a smart, poised and dedicated lawyer. I will not hesitate to refer all employment, discrimination and sexual harassment cases to him.
- Attorney Daniel Stageman -
"I cannot speak highly enough of Bob."
I cannot speak highly enough of Bob. I was fortunate enough to have gotten to know him at trial lawyers college and had the opportunity to work with him on several matters. It makes me proud to share the profession with amazing lawyers such as Bob.
- Attorney Phillip Hall -
"I strongly recommend him to anyone in need."
I endorse this lawyer. Bob has a great heart and mind. He will passionately represent his clients and puts in the hard work necessary to win. I strongly recommend him to anyone in need.
- Attorney Pressley Henningsen -
"Bob is a great trial lawyer that really cares about his clients."
Bob is a great trial lawyer that really cares about his clients. He’s committed to their cause and works tirelessly on their behalf. I’d recommend him to anyone looking for an attorney in Ohio.
- Attorney Jed Cain