Working in extreme heat can be hazardous and can cause harm to workers. This is particularly true for those who work outside, such as tradesmen and construction workers. Heat-related illness can range from mild to severe, and can even be fatal.
Risks of working in extreme heat
The risks of working in extreme heat include:
- Heat exhaustion: This is a mild form of heat-related illness that can cause symptoms such as headache, dizziness, nausea, and vomiting.
- Heat stroke: This is a severe form of heat-related illness that can be fatal. Symptoms include high body temperature, confusion, seizures, and loss of consciousness.
- Other heat-related illnesses: These can include heat cramps, heat rash, and sunburn. Prolonged exposure to the sun without adequate sun protection also can lead to skin cancer.
How are extreme heat risks treated by WHS?
In Australia, WHS places a duty on employers to provide a safe working environment for their workers. This includes taking steps to protect workers from the risks of working in extreme heat.
WHS Law requires employers to:
- Identify and assess the risks of working in extreme heat in their workplace.
- Implement controls to eliminate or minimise those risks.
- Provide workers with information and training on the risks of working in extreme heat and how to protect themselves.
- Monitor workers and work conditions during such periods
What are the employers’ obligations?
Employers must take steps to protect their workers from the risks of working in extreme heat including:
- Providing workers with access to shade and water.
- Scheduling work tasks at certain times so that workers are not exposed to the hottest temperatures of the day.
- Providing workers with personal protective equipment (PPE), such as hats, sunglasses, and sunscreen.
- Implementing a heat stress management plan.
How does Workers’ Compensation treat extreme heat risks?
If a worker is injured or becomes ill as a result of working in extreme heat, they may be eligible for workers’ compensation. Workers’ compensation will provide financial support for workers who are unable to work due to their injury or illness.
To be eligible for workers’ compensation, the worker must have suffered a work-related injury or illness. A work-related injury or illness is one that can be proven to have occurred in the course of employment and/or arisen from employment.
If a worker is eligible for workers’ compensation, they may be entitled to a range of benefits, including:
- Payments to replace lost income
- Reimbursement of medical expenses
- Reimbursement of rehabilitation costs
- Lump sum payments for permanent impairment or death
Personal Injury Law
In addition to workers’ compensation, workers who are injured or become ill as a result of working in extreme heat may also be able to sue their employer for negligence.
To succeed in a negligence claim, the worker must prove that:
- The employer owed them a duty of care.
- The employer breached that duty of care.
- The breach of duty caused the worker’s injury or illness.
- The worker suffered damages as a result of their injury or illness.
If a worker is successful in a negligence claim, they may be awarded damages to compensate them for their losses, including lost income, medical expenses, and pain and suffering.
With extreme heat events likely to increase over time, employers need to be proactive to ensure they are protecting their employees from the risks. Otherwise they can find themselves facing workers compensation or personal injury claim.
