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As the temperatures are rising again, caution must be taken to reduce the incidence of heat-related illnesses in the workplace. Workers are at risk for heat-related illnesses once the working conditions and temperatures are high. The U.S. Bureau of Labor Statistics has recorded 436 work-related deaths caused by environmental heat exposure; furthermore, the Occupational Safety and Health Administration (OSHA) has investigated 6 heat-related deaths between 2017 and 2022. Employers are duty-bound to ensure that working conditions are safe for all workers as it relates to heat. Talking to an experienced Atlanta and Savannah workers’ compensation attorney can help you learn about your employer’s responsibility for heat stroke and other heat-related illnesses.
Understanding Heat-Related Illnesses in the Workplace
Extreme heat can affect the body in many ways. Employees working in areas with heat-producing equipment or outdoor industries such as agriculture and delivery services are most vulnerable to heat-related illnesses. Heat-related illnesses can occur when our body loses its ability to cool down to keep a healthy temperature or we lose too much fluid by sweating, which can lead to dehydration. Some warning signs and symptoms of heat-related illnesses are:
- Dehydration: The body simply lacks enough fluid that helps to carry out normal functioning. Symptoms of dehydration include thirst, a dry mouth, infrequent urine passing, dizziness, or headache.
- Heat Exhaustion: This occurs after being exposed to high temperatures. Your body temperature may climb to 101 to 104 degrees Fahrenheit and, is often accompanied by dehydration. Signs can include heavy sweating, cramps, weakness, vomiting/nausea, fainting, or a rapid pulse. Heat exhaustion if not treated properly can lead to heat stroke.
- Heat Stroke: This is a serious condition where the body can no longer control its temperature, sweating mechanisms fail and the body cannot cool down. At these high temperatures, many organs may suffer damage, and if emergency treatment is not received, it can lead to death. Some symptoms include loss of consciousness, rapid breathing/pulse, muscle twitching, and a very high body temperature.
It is important that both employers and employees know these signs and symptoms and that appropriate measures are implemented to help effectively mitigate these risks.
Employer Duties and Compliance Strategies
Section 5(a)(1) of the Occupational Safety and Health Act (OSHA), mandates employers to provide employees with a working environment that is “free from recognized hazards that are causing or likely to cause death or serious physical harm to its employees”. This can be interpreted as providing a safe environment where employees are protected from heat-related hazards. States such as California, Colorado, Minnesota, Oregon, and Washington have adopted standards for heat exposure. Georgia does not.
However, it does not mean that Georgia employers are not obligated to provide general safety regulations. In the absence of these specific state laws, employers must adhere to the general duty clause under OSHA which requires:
- Creating a heat illness prevention plan
- Providing training for workers who are directly involved in heat-exposed environments
- Knowing First Aid for heat illnesses
- Sharing materials with workers
Failure to comply with these obligations could result in significant legal consequences, as employers may face penalties from OSHA for violations of the clause.
Workers’ Compensation and Heat-Related Claims in Georgia
Understanding workers’ compensation and heat-related claims is crucial in ensuring the appropriate measures are taken to protect workers. Be aware that employers may claim that the employee had pre-existing conditions. Therefore, for a heat-related illness claim to be compensable, the following must be present:
- The illness must have occurred during working hours and while performing work duties.
- The work environment must contribute significantly to the condition, distinguishable from normal conditions faced by the general public.
Knowing your rights in these situations will help you with your claim. Some steps to filing a claim include:
- Seek immediate medical attention and ensure that medical documentation supports your claim.
- Notify your employer. Georgia laws mandate notifying your employer of the injury as soon as possible, but no later than 30 days after the incident.
- Submit a Form WC-14 with the State Board of Workers’ Compensation.
It is advisable to consult with an attorney to ensure that all paperwork is handled properly.
Get the Help You Need: Contact an Atlanta & Savannah Workers’ Compensation Attorney Today
Heat-related illnesses in Georgia require a clear understanding of the legal requirements to receive compensation. Employees should be aware of their rights if they are affected by their working conditions. For guidance on filing workers’ compensation for heat-related illnesses, consult the experienced Atlanta & Savannah workers’ compensation attorney of Parsons Law Group. Contact us today to schedule an appointment.