One thing that has become common recently is the increasing frequency and intensity of heatwaves all over the world. It has become apparent that it’s only going to get worse from there, which is terrible because heat waves are responsible for various health complications, such as heat strokes, exhaustion, and heat rashes.

All the above can happen to anyone, including those indoors during these heatwaves. Now imagine how much worse it will be for those who have to engage in physically demanding outdoor work, such as construction work. 

One question such workers tend to ask themselves is if their employers are liable for them getting heat stroke, and the simple answer to that is yes, they are, and we are going to see why that is.

Why Are Employers Liable For Heatstroke?

The level of liability an employer has for their employee suffering from heatstroke is dependent on the country and the rules governing it. But many countries adopt at least some tenets of the Occupational Safety and Health Act (OSHA) guidelines. Under the regulations of OSHA, the employer is required to provide a workplace that is free from hazards that can endanger the lives of the employees or cause serious harm. 

This covers hazards from overworking during a heatwave, which can lead to heatstroke. Due to such regulations, a worker can receive compensation if their employer failed to take all necessary precautions to prevent them from getting heatstroke.

However, if the heatstroke was caused by the gross misconduct of the employee and their refusal to follow safety protocol, then it is a different legal battle.

Responsibilities of Employers During a Heatwave.

These are some of the steps employers should take to ensure that their workers don’t get heat-related illnesses during a heatwave.

1. Provide Shade and Ventilation.

Every employer has to provide good shade for their workers, especially during the summer. This provides a place for them to rest away from the hot sun and catch their breath.

Also, be sure that wherever your employees are working, it is adequately ventilated, with open windows, air-conditioning, or a fan to keep them comfortable.

2. Provide Access to Water and Beverages.

Heat quickly causes dehydration, and after working under the sun for hours on end, employees can easily find themselves dehydrated or woozy. 

Beverages are also a nice way of cooling the body and providing it with electrolytes, but some diuretic fluids like alcohol and caffeine are a bad idea during such a hot summer.

3. Give Frequent Breaks.

Apart from providing water and shade, an employer also has to give them frequent breaks, especially during peak heating. During this break, they can sit back and relax under a shed and rehydrate.

A good employer would structure their work schedule in such a way that their employees will be able to take longer breaks, which often include lunch during this peak heating.

4. Monitor Workers For Heat Stress.

The regulations guiding employer conduct specifically attribute gross negligence to the reason why an employee may suffer from heat stroke, hence why it is their responsibility to monitor their workers to ensure that they are all in good health. Usually, a trained supervisor with health and safety training should be on the field, so that if they notice any signs of heatstroke or a worker exhausting themselves, they can take action.

5. Provide Training to Inform Workers about Heat Stress.

More important than all is that even when workers have been provided with water, breaks, and shade, they can still be unaware of the proper procedures to follow when they start to experience symptoms of heat stroke. 

That is why there should be mandated employee training to teach employees when to take breaks, encourage them to hydrate, and teach them what to do when they start experiencing heat stroke. Any employer who does this will quickly find that the rate of workers having heat strokes and other heat-related illnesses significantly drops.

Even with these straightforward guidelines on the liabilities of employers in an incident of heat stroke, some still try to skirt to law to exploit their workers and avoid paying compensation or medical bills. But not to worry, you can trust in Attorney Wayne Resmini to ensure they you are fiercely represented and you get your due compensation from the gross negligence of your employer.