Triple-digit temperatures are common in California, Arizona, and other warm Western states, especially in the summer. These temps aren’t the best for working, especially if you’re performing any kind of manual labor in the sun, even though they might be ideal for swimming and other water sports. However, many workers are unaware of their legal rights and what their employers are required to do to safeguard them against heat-related illnesses under federal and state law.
Read on to learn about these rights. If your employer has refused you access to legally required breaks under hot conditions, contact an employment attorney by calling PLBH at (800) 435-7542 to learn about your options.
OSHA requirements
Employers are required to provide employees with protection from heat under the Occupational Safety and Health Act (OSHA) and other state regulations, such as the California Labor Code and Cal-OSHA, which is OSHA’s counterpart in California.
Occupational Safety and Health Act’s general duty clause requires employers to give workers a workplace that is “free from recognizable hazards that are causing or likely to cause death or serious harm to employees,” despite the fact that OSHA does not have specific regulations on protecting workers from heat. According to how this has been understood, companies are required to safeguard workers against heat-related illnesses.
Break requirements
Employers must give non-exempt workers in California a paid 10-minute break after every four hours of work. To further prevent heat-related illnesses, outdoor employees must be given access to shade, water, and additional breaks. California is exceptional in that it has particular laws intended to safeguard workers from intense heat.
The regulations against heat illness in California apply to everyone who employs people. However, it is more frequently used in reference to personnel in certain businesses who are more inclined to work outside. This includes those employed in oil and gas production, construction, landscaping, transportation, or delivery.
This is what you should do to stay safe on the job when it’s hot
A knowledgeable employment lawyer in California advises that workers who are exposed to the elements outdoors should have an efficient heat disease prevention plan in place, as specified by their employers.
This ought to contain access to free, readily available, cool, and fresh drinking water, as well as required rest breaks, a region of shadow that is open to the air or offers ventilation or cooling if temperatures surpass 80 degrees, employees must have cool down breaks of at least 10 minutes every two hours in temperatures over 95 degrees, which may coincide with other breaks, and a supervisor should be ready to administer first aid or seek medical attention if an employee displays any symptoms of heat illness.
Every employer should prioritize keeping their staff safe
Regardless of whether there are particular rules in place that require breaks, shade, and water, keeping employees safe should be a top focus for all employers. The bottom line, however, may be more significant to certain businesses than safety. This is why you must be represented by an accomplished employment lawyer. A knowledgeable employment lawyer can act as your advocate, ensuring that you are treated fairly, and help you obtain justice for any harm you may have experienced at work.
It’s important to know your rights at work, especially if your health is at stake. PLBH can assist if you have received unjust treatment at work. Call (800) 435-7542 or email info@plblaw.com right now to arrange a private introductory consultation.