Adams and Reese Construction Team Co-Leader and Partner Trent Cotney authored an article, "Essential Guidelines for Post-Hurricane Cleanup After Hurricane Milton," which was published in Roofing Contractor.
Cotney discusses the importance of Florida residents ensuring the safety of themselves and field crews following any severe weather situation.
The article is reprinted below with permission from Roofing Contractor and can also be found on the Roofing Contractor website.
Essential Guidelines for Post-Hurricane Cleanup
After Hurricane Milton
Legal Insights with Trent Cotney
Now that Hurricane Milton has passed—and recovery from Hurricane Helene continues—Floridians are faced with cleaning up, repairing, and rebuilding. In some counties, businesses and houses were damaged or destroyed. Power outages are widespread, and it may be some time before the flooding subsides. These past few weeks have been devastating and difficult, and getting back to “normal” could be a lengthy process in some areas.
If your business was impacted by the storm, you may have already contacted your insurance provider. You may feel overwhelmed by assessing the damage and determining your next steps. As you start your to-do list, be sure to follow the necessary safety guidelines to protect your employees.
Cleaning Up After Milton
Hurricane Milton was a category 3 when it made landfall on October 9. It had sustained winds at over 120 miles per hour before weakening and moving across the state. Along the way, it spurred dozens of tornadoes and knocked out power for more than 3.2 million customers.
A crane collapsed in St. Petersburg, and the roof of Tropicana Field was torn off. Many residents are having to contend with downed trees, flooded structures, and damaged buildings.
If you are cleaning up after Milton, be sure that you and your workers follow these Occupational Safety and Health Administration (OSHA) guidelines. Assess the area before you begin work, check for hazards, and provide everyone with appropriate personal protective gear.
Consider these hazards:
- Floodwaters: Flooded areas can be dangerous. They can be contaminated with bacteria and toxins from waste sites. In deep water, you may encounter snakes or even alligators, so workers must protect themselves by wearing waterproof boots and gloves. Wearing chemical-resistant clothing and goggles is also advisable. Standing water can also lead to mold, so use N-95 NIOSH-approved respirators as necessary. Try to ventilate enclosed areas if possible. In addition, all workers should be up-to-date with tetanus shots.
- Downed Power Lines: When the wind knocks down lines, they can be difficult to see under debris and water. So make sure your workers use caution. If you see power lines, treat them as though they are live. Coming into contact with them can lead to serious burns or even electrocution. Mark off areas with downed power lines and stay at least 10 feet away. Only well-trained professionals should repair such lines.
- Elevated Areas: As they clean up, workers will likely be on lifts, ladders, and roofs. These areas can be slippery and uneven, leading to serious falls. Ensure that workers follow basic ladder safety protocols and wear harnesses when they are on lifts.
- Limbs and Debris: Fallen trees are common after a hurricane, but cleaning up limbs and other debris can be hazardous. Workers can be injured by chippers or chainsaws, as well as falling limbs. Make sure they keep their guard up and wear hard hats, face and eye protection, and work gloves and boots.
- Portable Generators: Generators can be lifesavers during a storm, but they can also be dangerous. Workers should use caution around them. When fueled improperly, generators can catch fire. They can also cause carbon monoxide poisoning, shock, and electrocution.
- Construction Repairs: When repairing or tearing down a structure, workers can be injured by falling materials or from excavation and trenching accidents. They also can be exposed to asbestos in older buildings. Ensure that all workers wear personal protective gear and use caution when entering confined spaces. Also, ensure that all applicable permits are in order.
In every recovery situation, working conditions could be in low-visibility areas. Ensure all workers wear reflective clothing and use appropriate traffic lighting and controls, including barriers and cones.
If you are unsure about the necessary personal protective equipment, consult this Disaster Cleanup and Recovery PPE Matrix from OSHA.
Planning for the Next Hurricane Season
We all have to hope that the Atlantic hurricane season is winding down, but unfortunately, if the trend continues, storms may continue to be stronger and more severe in the years ahead. If you felt unprepared for this hurricane, make sure you are ready for the next one. Create an emergency plan that includes communications protocols, evacuation parameters, and other policies. OSHA’s Hurricane Preparedness and Response guidelines can provide a good starting point.
Protecting Your Workers
As you know, OSHA requires that you provide a safe work environment for your employees. This mandate applies to everyday work activities, as well as to cleaning up from a natural disaster. These are stressful times for everyone, so taking every precaution is even more important when you are in hurricane recovery mode.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.
Trent Cotney is a partner and Construction Practice Team Leader at Adams & Reese, LLP. You can reach him at trent.cotney@arlaw.com or 866.303.5868.