Both federal and state law protect employees who work outdoors or in open-air environment.
In California, Arizona and other hot Western states, triple-digit temperatures are not unusual, particularly in the summer. While these temperatures might be great for swimming and other water sports, they aren’t so great for working — especially if you’re doing any sort of manual labor in the sun. Yet many employees are not familiar with their rights under federal and state law when it comes to just what their employers must do to protect them from heat-related illnesses.
The Occupational Safety and Health Act (OSHA) as well as various state laws (including the California version of OSHA, Cal-OSHA, and the California Labor Code) all require employers to provide employees protection from heat. While OSHA does not have specific regulations on protecting employees from heat, under the Occupational Safety and Health Act’s general duty clause, employers are required to provide their employees with a place of employment that “is free from recognizable hazards that are causing or likely to cause death or serious harm to employees.” This has been interpreted to require employers to protect employees from heat-related illnesses.
In California, employers are required to provide non-exempt employees with a paid 10 minute break for every four hours worked. In addition, outdoor workers must be provided with shade, water and additional rest breaks to help avoid heat-related illnesses. California is unique in that is has specific regulations designed to protect employees from extreme heat.
Anyone with employees is subject to California’s heat illness prevention laws. However, because workers in certain industries are more likely to work outside, it is more commonly applied to these employees. This includes workers in agriculture, construction, landscaping, oil and gas extraction, and transportation or delivery.
According to a skilled California employment attorney, employees who work at outdoor workplaces should have an effective heat illness prevention plan in place, as established by their employers. This should include:
- Access to fresh, pure, cool drinking water that is provided free of charge, mandatory break periods;
- If temperatures exceed 80 degrees, an area of shade that is open to the air or provides ventilation or cooling;
- If temperatures exceed 95 degrees, employees must be given cool down breaks of at least 10 minutes every two hours, which may be concurrent with other breaks; and
- If an employee shows any signs of heat-related illness, a supervisor should be prepared to respond with first aid or medical intervention.
Keeping employees safe should be a priority for all employers, regardless of whether there are specific laws in place that mandate breaks, shade and water. However, there are some companies where the bottom line is more important than safety. That is why it is vital to have a seasoned employment attorney to represent you. A skilled employment attorney can advocate for you, and help to ensure that you are treated fairly and get justice for any harm that you may have suffered at your workplace.
Understanding your rights at work is critical, particularly when your health is at risk. If you have been treated unfairly at work, PLBH can help. Contact our office today at (800) 435-7542 or info@plblaw.com to schedule a confidential initial consultation.