Posted on 29 Nov 2023
Know your rights if you’re working in heat this summer
By Slater and Gordon
The Australian sun is famous for its beauty and danger, and this summer is no different with reports from the Bureau of Meteorology forecasting a sweltering season ahead.
For workers spending their days in the hot summer sun, it can be incredibly hazardous and cause serious harm.
If you’ll be working in the heat this summer, your employer has a duty of care to keep your workplace safe from heat-related risks.
What is considered extreme heat?
There’s no single temperature that is considered extreme or unsafe, as various factors contribute to an unsafe working environment. According to Safe Work Australia, the following factors are considered when determining extreme heat:
- Humidity
- Air flow
- Temperature
- Physical intensity and duration of work
- Fitness levels of workers and if they’ve acclimatised to the conditions
Why is working in extreme heat dangerous?
As temperature rise, so does the risk. In fact, the Australian Institute of Health and Welfare (AIHW) outline that three or more days of high maximum and minimum temperatures are linked to irritability, fatigue and decreased performance with symptoms ranging from mild heat stroke to death.
Additionally, the AIHW uncovered alarming links beyond the workplace with higher daily temperatures and an increased rate of assaults and higher drowning deaths.
Symptoms of extreme heat
Extreme heat symptoms and injuries vary, but often include:
- Heat rash and heat cramps
- Heat stroke which can lead to brain damage, organ failure and even death
- Fainting and dehydration
- Burns
- Slips (increased sweating can lead to a higher risk of slipping)
- Reduced concentration
Outdoor workers need sun protection every day to help prevent skin cancer. In fact, the Cancer Council Australia statistics show that outdoor workers are exposed to five to 10 times more ultraviolet (UV) exposure than indoor workers.
Increased UV exposure has regularly been linked to sunburn, premature skin ageing, eye damage, and an increased risk of skin cancer, with UV damage occurring in as little as 11 minutes.
Occupations most at risk in extreme heat
While working in extreme heat can impact workers across many industries, the occupations most in danger include:
Fire fighters and other emergency workers
Construction workers
Gardeners and landscapers
Farmers and agricultural workers
Kitchen and laundry workers
Foundry workers
Factory workers
Incidents of prolonged exposure in extreme heat can impact your livelihood, and that’s why it’s important for employers to minimise these risks.
There are several ways employers can mitigate heat-related risks including:
- Providing appropriate sun protection for workers including PPE and shade tents
- Allowing and ensuring workers take scheduled breaks
- Install artificial cooling such, as air-conditioning
- Insulate buildings and clad sources of radiant heat
- Isolate hot machinery or surfaces by using shields, barriers and guards
- Make sure the workspace has good air flow
- Provide air-conditioned, shaded or cool break areas as close as possible to the work site
- Provide accessible cool drinking water or, when necessary, electrolyte solutions
What are your rights when working in extreme heat?
When working in extreme heat, employees have a right to:
- A safe working environment
- Scheduled break times with designated cool break areas in the shade or indoors
- PPE – lightweight clothing with a UPF 50+ rating, long pants, long-sleeved shirts and sunscreen
- Adequate hydration
If you’re worried about the conditions you’re working in and the dangers they present, if you are a member of a Union, you should let your Union know. If you’re not part of a Union, you should reach out to a lawyer who can advise you of your entitlements.
What do you do if I’ve been injured while working in extreme heat?
If you’ve been injured while working in extreme heat conditions, the first step is to immediately seek medical attention. Ensuring a practiced medical professional has properly diagnosed your condition and provided necessary treatment should be your first priority.
If you believe your injury was a direct result of working in extreme heat and your concerns were overlooked or your safety was put at risk, we can help.
Start a free online claim check to see if you’re eligible in just three minutes.
It’s important to remember that if you make a successful claim, your compensation will come from your employer’s workers compensation insurance, not your employer directly.
If you’ve been injured while working in extreme weather conditions, remember to act quickly as time limits apply.
Learn more about the Employment Law and Workers’ Compensation claims processes.
Always remember, it is the duty of care of all employers to make sure their staff are working in a safe environment with protective gear and access to plenty of water and shade where possible.
Our experienced lawyers are supported by a nationwide network and will help guide you through the process from start to finish.
Just entering the workforce and unsure what rights you have?
We’ve created this handy info page for you.
The contents of this blog post are considered accurate as at the date of publication. However the applicable laws may be subject to change, thereby affecting the accuracy of the article. The information contained in this blog post is of a general nature only and is not specific to anyone’s personal circumstances. Please seek legal advice before acting on any of the information contained in this post.
