July 31 Tip of the Week

“Snow Days to Heat Days”

Anyone who has grown up in the Northeast or the Midwest where snow storms are (or were) frequent and made travel treacherous will be familiar with the concept of a snow day.  Many kids in these areas would go to bed with their pajamas on inside out when a storm was forecast in an effort to encourage the scheduling of a snow day and a closing of schools.  As the summers get hotter, the trend for snow days is becoming more of a trend toward heat days.  Many areas of the country this summer, which has been one of the hottest on record, have been under heat advisories and people are encouraged to stay indoors and to avoid strenuous activities during the hottest parts of the day.  What does this mean for employers and employees who are required to work in the heat? 

In recognition of the dangers of these increasingly hot days, the Occupational Safety and Health Administration has issued guidance on protecting workers from the effects of heat exposure.  That guidance can be found here:  https://www.osha.gov/heat-exposure/protecting-new-workers.  Interestingly, the guidance cites the fact that heat related deaths are the most prevalent among new workers and encourages employers to engage in the practice of acclimatization for their new hires.  Under this practice, newly hired workers would ease into their new roles, working shorter days and taking more breaks to help them adjust to the heat.  The guidance also recommends having workers “buddy up” when working in extreme heat so that they can monitor each other’s reaction to the heat.  OSHA also recommends training these workers on the effects of the heat on their physical well-being, educating them on the signs of heat exhaustion and heat stroke. 

While these heat protection standards are recommendations provided by OSHA in an effort to assist employers in fulfilling their obligations under the General Duty Clause, which requires employers to maintain a workplace free from recognized hazards, some states have passed their own workplace safety requirements related to heat.   When the temperature reaches 80 degrees or higher, California requires employers to provide training, water, and shade to its employees.  California also requires employers to develop, maintain, and implement a Heat Illness Prevention Plan.  Washington state also has a regulation related to outdoor activity and places an obligation on employers to ensure that employees are protected from heat related injuries.  Washington state’s requirements are similar to those set forth in the OSHA guidance.  Minnesota also has heat-related protections built into their worker protection laws, but they take a different approach and one that is more appropriate to their varied climate.  Minnesota’s heat related protection law is focused on the climate indoors, requires the influx of fresh air into the workplace, and is intended to protect against both the effects of extreme hot and cold outside temperatures. 

With the impact of climate change and the focus on the increasing summer temperatures across the country, this area is one that is likely to change.  In fact, the Biden Administration has asked the Department of Labor to issue a hazard alert related to the effect of extreme heat in the workplace.  In that alert, the Department of Labor will highlight the protections available to employees and remind employee of their rights under the law.  The Biden Administration has also asked the Department of Labor to ramp up its enforcement activities regarding heat related protections for workers. 

Workplace safety is a matter of compliance and myHRcounsel is here to assist you in your compliance efforts,  If you have any questions regarding this issue or any other area of labor and employment law compliance, reach out to us – we are here to help!