Workers who are required to perform their job duties in very high heat are at risk of severe bodily harm or even death from preventable heat-related accidents. Among those industries with the greatest danger of workers being hurt on the job because of extreme heat are the following:
- Agriculture
- Bakeries and Commercial Kitchens
- Construction (especially roofing, road work, outdoor work)
- Delivery Services (mail, packages, etc.)
- Electrical Utilities (e.g., boiler rooms)
- Foundries
- Landscaping
- Laundries
- Manufacturing Plants (e.g., furnaces)
- Steel Mills
- Warehousing.
Currently, there is no specific federal regulation for high heat job hazards. Neither Indiana nor Illinois has independent state safety laws for extreme heat on the worksite. As of 2022, only California, Minnesota, and Washington have passed state statutes seeking to protect workers from extreme heat exposure.
Current OSHA Extreme Heat Safety Regulations for Worker Safety
The Occupational Safety and Health Administration (“OSHA”), pointing out that 18 of the last 19 years have been the hottest on record, published its Advance Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register last fall. It seeks to address heat dangers in both indoor and outdoor work environments, including occupational illnesses, injuries, and fatalities due to hazardous heat regardless of industry, job task, or size of business.
However, until this new regulation is finalized, the only federal safety regulation that pertains to extreme heat worksites is found in the General Duty Clause (Section 5[a][1] of the Occupational Safety and Health Act of 1970). This requires the employer to provide a workplace “free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.”
- For more on the OSHA approved state plans of Illinois and Indiana, read Workplace Safety and OSHA Regulations in Indiana and Illinois.
Employers’ Duties Regarding Extreme Heat on the Job Site
Under this General Duty of Safety imposed by OSHA, employers must protect workers from the known safety hazard of extreme temperatures on the job. Employees should expect their employers to have an established heat safety worker protection program in place, which should include not only instruction but also warnings for the workers on how to deal with high heat.
Employers should also be doing things like:
- Providing access to drinking water on the job site;
- Providing workers with a place to rest when needed outside of the heat or sunshine;
- Providing workers with personal protective equipment (PPE) to help combat high heat (e.g., hats, etc.);
- Providing worksites with equipment to combat high heat (e.g., fans, etc.);
- Having trained supervisors on the lookout for workers who may be exhibiting signs of heat-hazard symptoms;
- Having safety plans in place for heat-related injuries and accidents; and
- Having equipment and training in place in the event of a job-site high heat emergency situation.
New OSHA Program to Protect Workers From Heat Hazards
Recently, the Department of Labor announced a new federal initiative to protect workers from bodily harm caused by exposure to extreme heat, citing rising weather temperature caused by climate change. In April 2022, OSHA instituted Directive CPL 03-00-024 which creates a National Emphasis Program for Outdoor and Indoor Heat Related Hazards.
This new OSHA program will be conducting workplace inspections around the country to find heat-related hazards that are exposing workers to serious or deadly injuries in preventable accidents resulting from exposure to high temperatures on the job site.
Over seventy (70) different industries have been identified as “high risk” for workers being exposed to extreme heat at the workplace.
From Secretary of the U.S. Department of Labor Marty Walsh:
“Tragically, the three-year average of workplace deaths caused by heat has doubled since the early 1990s. These extreme heat hazards aren’t limited to outdoor occupations, the seasons or geography. From farm workers in California to construction workers in Texas and warehouse workers in Pennsylvania, heat illness – exacerbated by our climate’s rising temperatures – presents a growing hazard for millions of workers.
This enforcement program is another step towards our goal of a federal heat standard. Through this work, we’re also empowering workers with knowledge of their rights, especially the right to speak up about their safety without fear of retaliation.”
Fighting against the increasing dangers of extreme heat due to climate change is a key focus of the current White House Administration. From President Joe Biden:
“And while we have all seen the graphic and heart-wrenching images of super-storms, wildfires, and floods in recent weeks, another climate disaster is lurking just below the radar: extreme heat. As with other weather events, extreme heat is gaining in frequency and ferocity due to climate change, threatening communities across the country.
In fact, the National Weather Service has confirmed that extreme heat is now the leading weather-related killer in America. Rising temperatures pose an imminent threat to millions of American workers exposed to the elements, to kids in schools without air conditioning, to seniors in nursing homes without cooling resources, and particularly to disadvantaged communities. My Administration will not leave Americans to face this threat alone. Today, I am mobilizing an all-of-government effort to protect workers, children, seniors, and at-risk communities from extreme heat.”
Claims for Justice When Workers Harmed by Extreme Heat in Illinois and Indiana
Weather conditions for workers in construction, agriculture, warehousing, and other local industries here in Indiana and Illinois have to deal with the reality that summer weather is simply hot and getting hotter. Daily temperatures during our summer months will be higher with excessive heat at higher rates than in past decades.
The higher the heat during the day here in Illinois and Indiana, the greater the risk of a preventable on-the-job accident due to excessive heat. Right now, high heat risks are growing without corresponding increased governmental safety oversight.
Of particular concern are local workers who are asked to stay at work in high summer temperatures while being new to dealing with high heat. Here in Indiana and Illinois, this means a lot of workers involved in residential construction projects as well as road work commercial construction work and those employed in our agricultural industry.
According to OSHA, the great majority of outdoor worker deaths due to heat accidents on the job (50-70%) involve workers who are new to the job and are harmed during the first few days at work. This is because employers have failed to recognize the worker’s need to build a tolerance to high temperatures gradually, over time.
For workers and their loved ones who suffer as a result of exposure to on-the-job excessive heat, there are legal claims that can be advanced against the employer and potentially other third parties who are legally responsible for the incident and its resulting bodily injuries.
Heat-related accidents can be independently investigated by the worker in order to determine the reasons for the event and how state and federal law may provide legal recompense for the accident victim’s harm.
For more, read:
- Heat and Tires: Summer Heat and Fatal Crashes Caused by Tire Blowouts
- 2011 Heat Wave Can Injure and Kill Workers, Secretary of Labor Issues Warning: Illinois and Indiana Workers Be Careful
- Hot Work Industrial Accidents in Indiana and Illinois: Employer’s Duty of Care
- Fatal Road Work Zone Accidents in Indiana and Illinois
- Serious or Deadly Farm Accidents in Indiana and Illinois
- Residential Construction Accidents in Indiana
- Roofers Hurt or Killed on the Job: Why is Roofing So Dangerous and Deadly?
- Fatal Accidents and Wrongful Death Lawsuits in Indiana and Illinois
- Workers’ Compensation and Third-Party Claims for On-the-Job Accidents.
This summer, workers in Indiana and Illinois will be asked to work in very hot temperatures and they deserve to be protected from known risks associated with extreme heat on the job site. Sadly, employers do fail in meeting their legal duties of care and safety to their workers, sometimes with tragic results. Please be careful out there!
