As California marches into its hottest months of the year — accompanied by predictions of above-normal temperatures — people whose livelihoods happen outdoors face potentially life-threatening dangers from exposure to that heat.

Whether they’re harvesting produce, working in construction, or landscaping, California’s outdoor workers deserve basic protections from their employers.

The Golden State boasts some of the nation’s strongest heat laws; the state has been tweaking them over the past two decades, and it’s currently working on regulations about heat in indoor workplaces. 

However, not all employers take seriously their responsibility to keep workers safe and well. For example, state law requires every employer of outdoor workers to share with employees a written heat-illness prevention plan. However, a Farmworker Health Study by the UC Merced Community and Labor Center, released earlier this year, found that 43 percent of surveyed workers reported never getting such a plan from their employer. 

With climate change pushing temperatures ever higher, the urgency of protections under state law rises, as well. The National Weather Service’s Climate Prediction Center predicts above-normal temperatures in the western United States this June through August. California temperatures have been rising over the past century, particularly at night. 

Basic worker protections under state law include very common-sense steps that apply to all outdoor places of employment. In addition to the written heat illness prevention plan, which must be available at all outdoor worksites, employers generally are required to provide water, rest, shade and training.

Here’s an explanation of each element:

• Training: All employees and supervisors must receive training about heat illness prevention. That includes the risks, employer procedures and responsibilities, the importance of regular hydration, symptoms of heat illness, and how to respond to suspected heat illness.
• Water: Employers must provide enough fresh, pure water so that each employee can drink at least 1 quart (four 8-ounce glasses) of water per hour for the duration of a shift. Notably, employers also must encourage workers to drink this much water, and the water must be suitably cool, near to the worksite, and free.
• Shade: Anytime temperatures exceed 80 degrees, employers must make sure workers have easy access to shade, and they must encourage them to rest for at least five minutes in the shade anytime they feel the need to do so to prevent overheating. This must happen before any feelings of illness; if employees show signs of heat illness, they can’t be sent back to work until the symptoms have abated. In addition, the shaded areas must be either open to the air or ventilated/cooled, and they must be sufficient to allow all employees sufficient recovery periods while seated comfortably. Employees also should be monitored for signs of heat illness and provided with appropriate aid if necessary. Even when temperatures are below 80 degrees, shade must be available and provided upon request.
• Planning: Every employer is to develop and act upon written procedures that align with the Cal/OSHA Heat Illness Prevention Standard. The plan must be available in writing — in both English and any other primary language spoken by most employees — at outdoor worksites. 

California law includes other protections as well, such as specific supervisory procedures and a minimum 10-minute cool-down rest period every two hours when temperatures top 95 degrees. 

Is your employer taking the required steps to protect you from the heat? If not, Keller Grover can help. We provide confidential, free consultations to advise those who have been mistreated by employers, and we can aid you in determining the best path forward, helping you minimize the impact of reporting, protect your rights and achieve the best possible outcome for your situation.