Heat Illness Prevention Attorney

California's Heat Illness Prevention Standard (Cal/OSHA Title 8 § 3395) requires employers with outdoor workers to provide fresh water (one quart per hour per worker), access to shade when temperatures exceed 80°F, cool-down rest periods, a written Heat Illness Prevention Plan, and training for all outdoor workers and supervisors. High-heat procedures activate at 95°F with additional protections.

New York does not have a standalone heat illness prevention standard like California. However, OSHA's General Duty Clause requires all employers to protect workers from recognized heat hazards. OSHA has proposed a federal heat standard. New York employers must also follow OSHA guidance on heat illness prevention, including water, rest, shade, and acclimatization protocols.

In California, when temperatures reach 95°F, employers must implement high-heat procedures including mandatory cool-down rest periods of at least 10 minutes every 2 hours, close observation of new employees for the first 14 days, and a buddy system for remote workers. Employers must also have emergency response procedures in place and ensure supervisors are trained to recognize heat illness symptoms.

Workers compensation covers medical treatment and lost wages for heat illness. If your employer willfully violated heat illness prevention standards, additional remedies may be available. Cal/OSHA can impose serious penalties including criminal prosecution for violations resulting in death. In extreme cases involving employer recklessness, you may pursue a civil claim beyond workers compensation.