Message to businesses affected by earthquakes

Media Release
22 July 2013

Message to businesses affected by earthquakes - priorities for the next 48 hours

Workplace Safety
·         Your health and safety and the health and safety of your employees are paramount.

·         If your building is in the areas affected in the CBD area and you can either not access it or it has not been cleared for entry by the authorities then do not enter.

·         We have been advised by Mayor Wade-Brown that the City Council is working with Fire Service Urban Search and Rescue engineers and technicians to check central city buildings are safe to re-occupy. The Council has a number of building inspectors and engineers working their way through the city and they are being supplemented by USAR engineers, technicians and USAR command and support staff.

·         The City Council is also being supported by the Ministry of Civil Defence and Emergency Management and the Department of Building.

·         We understand safety checks are continuing as engineers walk the streets of the CBD, visually assessing buildings and roads.

·         This is expected to take the rest of the day (22 July), and people who normally work in the central city are advised by Wellington City Council not to come into the city today. It is important to note that some pedestrian routes may be blocked for longer periods to ensure there is no risk to passers-by from falling debris or broken glass.

·         Mayor Wade-Brown said the Council is advising building owners to arrange for structural engineers to check their buildings if they have any concerns about health and safety. The City Council can facilitate assistance in finding an engineer.

·         Kiwirail is conducting safety checks on rail lines. Normal bus services are continuing, however there are no bus replacements for the trains.  This may affect travel times into the city and make it more sensible for staff to work from home where possible.

·         The City Council’s Manager of Planning and Building Policy, Richard Toner, is asking building owners to check for broken windows and to secure them if there is a potential for glass to fall out. “With the wind picking up there’s the potential for cracked windows to blow or fall out so we’re asking building owners to make it a priority to check windows and secure them. We want to stop glass falling out that could potentially cause more of a dangerous environment.”

·         You must ensure that your building is safe before you or your employees enter. As an employer and/or building owner this is your responsibility.

Risk management
Ensure you have documented and photographed all damage - both structural and contents - before clean up as insurers will be busy so you will need to collate all evidence of damage to be able to support your claims.

Where your business is unable to open either due to inaccessibility or due to damage, check with your business insurer first to determine whether your policy covers lost remuneration for employees in circumstances like these. 

Managing your employees
·         If your business is in the CBD and is damaged or you are waiting for an engineer or the building owner’s clearance to allow staff back to work there are a range of options you should consider.  If employees can work from home this is a good option.

·         If you do not have business insurance, or if your policy does not cover lost remuneration for employees, contact your staff and talk to them about what options are available.  Members of the Wellington Employers’ Chamber of Commerce and Business Central can call us on 0800 800 362 to get advice on how to handle these conversations.

·         Your employees will be financially and emotionally under pressure as will you.  Try and work through the issues by discussion and agreement where possible.  We can help you do this – call us on 0800 800 362.

·         You may allow employees to take annual holidays, alternative holidays (days in lieu), sick leave (where the employee is sick or injured), annual leave in advance of entitlements.  This is a matter for agreement between you and your employees.  Where an employee does not agree to take annual leave, an employer cannot require them to do so until the employer has given the employee 14 days’ notice of such requirement to take leave.  It’s important to manage this area carefully so you comply with all legal requirements and act in good faith.  We can help you do this – call us on 0800 800 362.

·         Where your employees do not have any leave entitlements, or if you are unable or unwilling to agree to staff taking leave in advance, you will have to decide whether or not to pay staff where employees are not actually able to work.  Generally, where you cannot provide work due to circumstances beyond the employer’s control, you are not required to pay employees for time that the employee does not actually work.We can help you manage this – call us on 0800 800 362.

·         What are your obligations to your employees if your business is significantly damaged?In these circumstances there is likely to be significant impact on the business at least in the short term.  As previously advised check your insurance policies to ascertain the extent of cover and whether it provides for payment to staff and the limits of such cover.We can help you do this – call us on 0800 800 362.

·         If the business is able to relocate or closure is for a relatively short time this may be sufficient to tide things over. Otherwise agreement to utilise annual holidays, alternative holidays or anticipated leave may be considered – as detailed above.You should seek advice on this - we can help you do this – call us on 0800 800 362.

·         If your business is required to cease operating on a long term or permanent basis then obviously this will impact employment and you are then required to consult in good faith with your employees around the proposal to discontinue employment. i.e. make positions redundant. You should seek advice on this - we can help you do this – call us on 0800 800 362.

·         Please contact our advisers if you are unsure or need further advice on 0800 800 362.

We will bring you all regular updates.

ENDS

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