Summer is a time for fun in the sun — but what if your job keeps you outdoors even when the temperature reaches dangerous levels? In 2024, the International Labor Organization found that at least 71% of the world’s working population has been exposed to excessive heat, resulting in almost 23 million injuries and 19,000 deaths each year. As heatwaves and other adverse weather events become more intense and frequent, employees may be wondering how to protect themselves not just physically, but also legally in the event that that they experience unsafe working conditions during a heatwave.
While health experts prescribe water and shade for those working in extreme temperatures, the employment law attorneys at McCune Law Group have an additional treatment in mind. With new OSHA heat regulations in the works, it’s more important than ever to understand how these rules impact employees. Here, we review your rights to a safe working environment, what protections you can expect, and what your legal options may be if those standards are not being met. Staying safe in the summer isn’t just about staying hydrated — it’s about staying informed!
Impact of Heatwaves on Worker Safety
All occupations carry some degree of risk. Workers may slip and fall, be struck by falling debris, or be injured by machinery. But as temperatures climb to triple digits and humidity levels rise, heat-related illnesses are quickly becoming one of the biggest risks to workers across a multitude of fields. Knowing the impact work in high temperature can have on worker well-being is the first step toward advocating for better protection.
Heat Stress and Illness
The two most common heat-related illnesses are heat stress (or heat exhaustion) and heat stroke. Other conditions, like heat rash, heat cramps, and heat syncope often occur alongside or as symptoms of more serious health concerns.
Heat stress is a condition which occurs when the body is exposed to high temperature for a prolonged period of time. Its symptoms may include sweating and excessive fatigue.
If left untreated for too long, heat stress can cause rhabdomyolysis, which prompts muscle tissues to rapidly break down and can result in seizures, or become heat stroke, which is the most severe form of heat-related illness. This medical emergency occurs when the body can no longer regulate its temperature. Marked by confusion and possible loss of consciousness, heat stroke can come on quite suddenly and, if not properly treated, may be fatal.
Vulnerable Occupations
While heat stress and heat stroke can affect anyone, certain job types are uniquely vulnerable. Some of the occupations most at-risk of heat-related injury at work include:
- Construction workers and contractors
- Agricultural workers
- Landscapers and roofers
- Warehouse workers
All these positions may involve prolonged exposure to high indoor or outdoor temperatures, often made worse by heavy clothing or protective gear. Workers in these positions are not just anonymous statistics: they are real people with lives and families. They deserve to be protected — not just in the summer, but year-round.
OSHA + Heat Protection
In the United States, the Occupational Safety and Health Administration (OSHA) enforces standard workplace protections and investigates possible violations. In August 2024, OSHA proposed new protections for heat injury and illness prevention in outdoor and indoor work settings. Once implemented, these rules would require that employers offer protections specific to heat-related risks and illnesses.
Under OSHA’s proposed new heat rules, employers would need to:
- Develop and implement a work site injury and prevention plan (HIIPP)
- Identify heat control measures
- Offer mandatory rest breaks
- Provide heat-related first aid training
This proposed rule offers a significant step toward protecting workers from heat-related injury in the workplace. Until the rule is accepted, however, OSHA offers no specific heat-related protections. This can make litigating a potential heat-related illness or injury complicated.
That said, OSHA still offers a number of foundational protections that may apply to workers who have been affected by unsafe working conditions during a heatwave, such as:
- The General Duty Clause: By definition, this clause states that employers from any and all hazards, regardless of whether or not they are specifically addressed elsewhere in OSHA rules.
- Medical and First Aid Requirements: This rule requires that workplaces provide adequate first-aid programs for their workers; specifically, employers must provide supplies that are commensurate with the risks of the job.
- Recordkeeping Requirements: OSHA standards require employers to keep careful records of all work-related injuries or medical treatment. These records can be essential when claiming workers comp or exploring workplace negligence.
Options for Workers Affected by Unsafe Working Conditions During a Heatwave
Even without specific OSHA rules in place, workers have the right to protect themselves in excessive heat. If you or your co-workers are struggling to function safely in extreme weather conditions, you have options. Heat is the leading cause of weather-related deaths in the United States; don’t wait until it’s too late to protect yourself against illness as temperatures continue to rise.
Remember: you have the right to refuse to work if there is a “clear risk of death or serious physical harm.” OSHA offers protection for workers who experience retaliatory action for protecting themselves from danger on the worksite. You may also take other action, such as:
- Filing a Complaint Under OSHA’s General Duty Rule: Though this is often a long process, filing an OSHA complaint brings the agency’s attention to violations of workplace safety standards. Being made to work in unsafe heat conditions qualifies as such a violation.
- Speaking to Your Co-Workers: The National Labor Relations Board offers qualified employees the right to work in concert to advocate for better working conditions. If your workplace is not offering you rest, access to shade or A/C, or water on excessively hot days, joining together with your coworkers to demand these things is a legally protected action.
- Contacting An Employment Law Attorney: This step may be taken in accordance with either of the others. An employment law attorney can help you to identify evidence of OSHA violations and navigate the complexity of defining a heat-related injury under current OSHA rules. McCune Law Group always recommends partnering with an expert advocate in order to be sure your rights are protected and your voice is heard.
McCune Law Group Helps You Stay Cool
With offices in California and Arizona, McCune Law Group employment lawyers are no stranger to working in extreme heat. Our attorneys have successfully defended workers against major corporations, and we aren’t afraid to handle complex cases involving OSHA violations. When it comes to protecting workers’ rights, we don’t sweat the small stuff: we focus on designing original, effective legal strategies that empower our clients to keep themselves safe while keeping their employers accountable.
If you have questions or concerns related to working in a heatwave, call or fill out the online form to connect with one of our employment law attorneys today.