What is the difference between heat exhaustion and heat stroke?
1 August 2023
WICHITA, Kan. (KSNW) – With excessive heat warnings affecting parts of Kansas this week, workers laboring out in the heat are entitled to specific rights. Here are the rules employers have to follow and what to do if they are violated.
There are federal protections for people working in hot conditions, but standards are broad and are not specific to outside work.
In the middle of the summer, workers outdoors can end up battling the heat.
“The heat is pretty killer cause you have a route you have to get done,” said Mason Martinez, a supervisor at Luxury Lawn and Landscaping in Wichita. “You can’t just skip lawns.”
Some businesses abandon lawn care in the heat of the summer, according to Adam Frey, owner of Wichita Lawn Care LLC.
“I’ve actually picked up quite a bit of business in July and August because companies will take on business more than they can handle,” Frey said. “It gets hot, and they just stop showing up.”
Keeping workers cool is not just a perk. It’s also mandated by the Occupational Health and Safety Administration.
OSHA doesn’t have a set temperature defining what’s too hot for outside work. But the administration does have a broader standard that covers cases where employees get sick from the heat.
“We have a safety and health act that says employees should be provided a safe and healthful workplace,” said Todd Underwood, OSHA Area Director.
When OSHA does get a complaint, it sends out staff to investigate whether employers are providing resources to keep employees safe.
“We want them to stay hydrated, we want them to find shade, and we want them to take breaks,” Underwood said.
If a workplace is violating safety standards, OSHA will give them a citation to fix the violation within 15 days. The transgressor may also face fines.
If employees do get sick from the heat, legal remedies can be limited. There are no specific laws in place defining how hot is too hot for workers, so winning a case in court can be a challenge, according to employment attorney Bill Tretbar.
Obtaining workers’ compensation could be an option to help get bills covered.
“They (workers) should see an attorney to talk about whether they have the rights to get their medical bills paid and compensation,” Tretbar said.