Friday, December 6, 2013

Is "Snow Emergency" Legally Valid?

We're in the grip of our first snow emergency of the 2013-2014 winter. Winter Storm Cleon. With Dion already following closely.

Now, this isn't about what makes a snow emergency in any specific place. Minnesota and North Dakota would probably laugh at what Cincinnati calls an emergency.Maybe even at what they would call a significant snowfall.

But, the fact is, Cincinnati communities are calling snow emergencies of various levels.

Big whooping deal. It means, for the most part, that communities can write tickets and write off damage to cars parked on the streets.

They say not to go out unless absolutely necessary.
But who decides what is necessary?

I can tell you who does NOT decide.
Service industry workers. They have to go to work or lose their jobs.
The owners of various businesses don't care much if the police say don't go out.
The police don't care much, either. If you are driving slowly and carefully, they aren't likely to chase you down and possibly cause an accident, as well as keeping you both out when you could be getting in somewhere.
But the gas stations HAVE to stay open.
McDonald's MUST stay open.
Facilities such as hospitals and nursing homes, by their very nature, need to stay open. But must they insist on workers coming in in a "snow emergency"?
(I don't know what they could do instead. They should work up snow emergency protocols. Reduced staff, maybe sleep-breaks for people who will remain instead of go out I believe some hospitals do do that.)

Not only do these businesses insist on insisting, they punish those who don't risk life and limb to serve coffee to idiots. (Road personnel excepted from this category.) They write them up(disciplinary action); they brand them as unreliable; they reduce their hours; they even fire them.
They do not pay the fines for tickets received.
They do not pay for damages caused by an accident when their employees should never have been on the road in the first place.
They do not compensate for extra gas burned in longer, slower drives.
They don't pay hospital bills for slip and slide crashes.
They do NOT pay for funerals.

It's not just the service industry. There are factories with this same mindset. Never mind that their product is nonessential -- they have quotas that must be met, come hell or high water. (Hell or high snowdrifts?) The work must be done.

No mere employee can protest any of these disciplinary actions by pleading a snow emergency. The designation has no standing in labor law.

So, a "Snow Emergency" is a money maker for the municipality.
A "Snow Emergency" is an out for insurance companies, who will not pay (easily) for an accident caused when the driver wasn't supposed to be driving.
A "Snow Emergency" is no reason to not go out; thus says American Industry.

So, I ask you, why bother.
Why bother?



No comments:

Post a Comment