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(314) 500-HURTIs it legal to require employees to work outside in extreme heat? The threat of climate change and rising
temperatures has kickstarted movements to change the way we drive, eat and live. While you’d think it would also
change the way we work, unfortunately that isn’t always the case. While the Occupational Health and Safety Administration (OSHA) provides
guidelines for employers and employees in extreme heat, no specific federal or state laws (in Missouri or Illinois)
directly address the issue. What does that mean for you as an employee?
If you’ve experienced a work-related heat injury or believe your rights are being compromised, don’t wait. As St.
Louis-based personal injury, workers’ compensation and labor and wage law attorneys, Burger Law is here to assist support and
stand up for employees throughout Missouri and Illinois. Call us at or contact us online for a free consultation and to ensure your rights are
protected.
The Occupational Safety and Health Administration, more commonly known as OSHA, establishes protections for employees
in the United States. Established with the clear purpose of safeguarding the health and safety of employees, OSHA’s
reach is extensive, covering most private and public-sector workers.
At the heart of the protections offered by OSHA lies the General Duty Clause, which states that each employer:
shall furnish to each of his employees
employment and a place of employment which are free from recognized hazards that are causing or are likely to cause
death or serious physical harm to his employees
While there are no federal laws or OSHA mandates specifically concerning heat, heat is known to cause serious illness and death, which means
employers have a duty to to protect their employees from working in extreme heat.
Through OSHA’s General Duty Clause, OSHA’s extreme heat hazard alert and the National Institute for Occupation Safety and Health’s (NIOSH)
recommendations, employers should offer the following in extreme heat:
Yes, you can refuse to work in extreme heat. OSHA grants workers the right to refuse dangerous work if there’s an
evident risk of death or severe physical harm, so long as all of the following four conditions are
met:
If you do refuse to work, make sure you follow the appropriate protocol to protect your rights:
If your employer retaliates against you for refusing to work, contact OSHA immediately and make sure to file an
official complaint within 30 days. Unfortunately, OSHA generally enforces the General Duty Clause after a heat-related
injury occurs. Meaning, while you’ll be able to make a claim against your employer if you sustain a
heat-related injury or they retaliate against you, there may not be much you can do in the moment except refuse to
work.
Beyond refusing to work on dangerously hot days, there are some things you can do to keep yourself and other
employees safe in an excessive heat advisory:
Under the National Labor Relations Act, employees have a right to
advocate for improved working conditions without fear of retaliation. If your employer is forcing you to work in
unsafe conditions like extreme heat, speak up.
If you or a coworker has experienced a heat-related incident or if you believe your working conditions are not
adequately safeguarding against the dangers of heat, it’s crucial to seek expert guidance. At Burger Law, our team
of dedicated personal injury lawyers and workers’ compensation attorneys is committed to standing up for workers’
rights. Call us today at or fill out our online contact form. Your
safety and well-being are our top priority.
Relates Article: Workers Compensation Claims
Founder | Injury Attorney
Gary Burger has dedicated his career to standing up against bullies. The founder and principal attorney of Burger Law | St. Louis Personal Injury Lawyer has helped hundreds of Missouri and Illinois individuals and families recover th …
Years of experience: 30 years
Location: St. Louis, MO
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