Is It Legal to Require Employees to Work Outside in Extreme Heat?

Is it legal to require employees to work outside in extreme heat? The threat of climate change and rising temperatures has kickstarted movements to change the way we drive, eat and live. While you'd think it would also change the way we work, unfortunately that isn't always the case. While the Occupational Health and Safety Administration (OSHA) provides guidelines for employers and employees in extreme heat, no specific federal or state laws (in Missouri or Illinois) directly address the issue. What does that mean for you as an employee?

• You can't be forced to work in extreme heat
• If your employer retaliates or you sustain a heat-related illness, you can file a complaint after the fact for workers' comp or lost wages
• You and your coworkers have a right to demand a safe work environment

If you've experienced a work-related heat injury or believe your rights are being compromised, don't wait. As St. Louis-based personal injury, workers' compensation and labor and wage law attorneys, Burger Law is here to assist support and stand up for employees throughout Missouri and Illinois. Call us at (314) 500-HURT or contact us online for a free consultation and to ensure your rights are protected.

OSHA and Workers' Rights in Extreme Temperatures

The Occupational Safety and Health Administration, more commonly known as OSHA, establishes protections for employees in the United States. Established with the clear purpose of safeguarding the health and safety of employees, OSHA's reach is extensive, covering most private and public-sector workers.

Key Aspects of OSHA's Mandate

• Universal protection — No matter the industry or the nature of the job, OSHA's primary goal is to ensure that employers offer a safe environment devoid of hazards. This includes risks posed by extreme heat conditions.
• Employer responsibilities — OSHA doesn't merely provide guidelines; it places a duty on employers. They are legally obligated to recognize and mitigate potential hazards, ensuring that employees aren't exposed to risks that might cause death or significant harm .
• Continuous oversight — OSHA isn't a static entity. It continually evaluates workplaces and safety guidelines, ensuring compliance and addressing new challenges as they arise.

OSHA's "General Duty Clause" and Extreme Heat

At the heart of the protections offered by OSHA lies the General Duty Clause, which states that each employer:

shall furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees

While there are no federal laws or OSHA mandates specifically concerning heat, heat is known to cause serious illness and death, which means employers have a duty to to protect their employees from working in extreme heat.

Employer Responsibility for Workers in Extreme Heat

Through OSHA's General Duty Clause, OSHA's extreme heat hazard alert and the National Institute for Occupation Safety and Health's (NIOSH) recommendations, employers should offer the following in extreme heat:

• Adequate cool water, rest breaks and a cool or shaded rest area
• New or returning employees the chance to gradually acclimatize
• Training on heat illness preventions, signs of heat illness and how to act if they or another employee shows symptoms of heat related illness
• Implementation of a buddy system to watch for symptoms of heat illness
• A reduction in the physical difficulty of the job on extremely hot days
• Tools intended to minimize manual strain
• Increased number of workers per task

Can I Refuse to Work in Extreme Temperatures?

Yes, you can refuse to work in extreme heat. OSHA grants workers the right to refuse dangerous work if there's an evident risk of death or severe physical harm, so long as all of the following four conditions are met:

1. You asked your employer to eliminate the danger and they failed to do so
2. Your refusal to work is in "good faith," meaning you must genuinely believe it is too hot to work safely
3. A reasonable person would agree that there is a real danger of death or serious injury
4. Because of the urgency of the hazard (in this case, extreme heat), there isn't enough time to correct the issue through regular channels such as an OSHA inspection

If you do refuse to work, make sure you follow the appropriate protocol to protect your rights:

• As your employer to correct the hazard or assign you to other work
• Inform your employer you will not work until the hazard is corrected
• Remain at your job until end of day or you are ordered to leave by your employer

If your employer retaliates against you for refusing to work, contact OSHA immediately and make sure to file an official complaint within 30 days. Unfortunately, OSHA generally enforces the General Duty Clause after a heat-related injury occurs. Meaning, while you'll be able to make a claim against your employer if you sustain a heat-related injury or they retaliate against you, there may not be much you can do in the moment except refuse to work.

How to Keep Yourself and Coworkers Safe From Heat Illness

Beyond refusing to work on dangerously hot days, there are some things you can do to keep yourself and other employees safe in an excessive heat advisory:

• Understand the Risks —
  • Heat exhaustion — Symptoms include heavy sweating, weakness, clammy skin, a weak pulse, and possible fainting.
  • Heat stroke — A severe medical emergency where the body's temperature rises rapidly, and sweating mechanisms fail, making the body unable to cool down.
• Stay Hydrated —
  • Regular intake — Drink water every 15-20 minutes, even if you're not thirsty.
  • Avoid sugary and alcoholic drinks — These can cause dehydration.
  • Wear Appropriate Clothing —
    • Light and loose — Wear light-colored, loose-fitting clothing to reflect sunlight.
    • Hat and sunglasses — Protect your face and eyes from direct sun exposure.
  • Take Regular Breaks —
    • Rest in shade or air conditioning — Whenever possible, take short breaks in a shaded or cool area.
    • Listen to your body — If you start to feel any symptoms of a heat-related illness, stop your activity immediately.
  • Use the Buddy System —
    • Regular check-ins — Regularly check on your coworkers, especially those at higher risk like the elderly or those with medical conditions.
    • Immediate action — If someone appears to be suffering from a heat-related illness, take immediate steps to cool them down and seek medical attention.
  • Stay Informed —
    • Daily heat index — Be aware of daily temperature and heat index forecasts.
    • OSHA-NIOSH Heat Safety Tool App — Use this tool to track real-time risk levels for your location.
  • Advocate for Safety —
    • Training — Ensure that everyone in the workplace is trained about the dangers of heat illness and how to prevent it.
    • Voice concerns — If working conditions become unsafe due to heat, speak up.
  • Utilize Available Resources —
    • Educational materials — Familiarize yourself with available OSHA educational materials on heat safety.
    • Collective action — Collaborate with coworkers to demand better working conditions during high heat, such as more frequent breaks or access to cooling stations.

Under the National Labor Relations Act, employees have a right to advocate for improved working conditions without fear of retaliation. If your employer is forcing you to work in unsafe conditions like extreme heat, speak up.

Workers' Rights Attorneys in Missouri and Illinois | Burger Law

If you or a coworker has experienced a heat-related incident or if you believe your working conditions are not adequately safeguarding against the dangers of heat, it's crucial to seek expert guidance. At Burger Law, our team of dedicated personal injury lawyers and workers' compensation attorneys is committed to standing up for workers' rights. Call us today at (314) 500-HURT or fill out our online contact form. Your safety and well-being are our top priority.