At the Law Office of Alice A. Strombom, we stand up for the rights of California workers. If your workplace rights are violated, we’re here to help. Often, it’s issues like excessive heat that can leave you injured at work. If this has happened to you, we’ll be there to support you as you make your way through the legal process. Contact us today for a free consultation.

When Do You Need a Lawyer?

As a worker in California, you have the right to a safe and healthy work environment. If your employer puts you in dangerous conditions, like excessive heat, you have the right to take action. While you can do this on your own, the situation can get very complicated and complex. This is where our team can step in. Here’s why you might need a lawyer in this situation:

• Explaining the law and your options – Employment laws can be confusing. Our lawyers can explain your rights and how to use them.
• Gathering evidence – To show your work conditions are unsafe, you need strong evidence. We can help you gather and present this proof.
• Negotiating with your employer – If you want to stand up for your rights, we can negotiate with your employer to get you fair treatment.
• Filing claims – Legal action often requires filing complaints or lawsuits. We can manage this process and make sure everything is done correctly.

If you’re facing unsafe working conditions caused by excessive heat, you need to understand that you have rights and options. Our lawyers can guide you through the process, and give you the chance to address these issues, especially if you’re injured because of them.

What Injuries Can Happen to You Due to Excessive Heat?

Employers in California must follow strict regulations to ensure a safe and healthy work environment under the Division of Occupational Safety and Health (Cal/OSHA). This applies to virtually every workplace, but when it comes to the temperature, this is especially important for California workers in industries like agriculture, construction, or landscaping. Working outdoors in California, especially in the summer, can be dangerous because of the heat.

Not surprisingly, these conditions can lead to specific injuries for workers, like:

• Heat exhaustion
• Heatstroke
• Dehydration
• Rashes or cramping
• Fainting

Obviously, this is a dangerous situation for your health. Not only can it leave you facing a temporary lost income from missing work, it can lead to much more long-term damage for your health. So, it’s vital to look at the law and what options you have.

How Employers Violate Temperature Regulations in California

Cal/OSHA has recently updated its rules regarding workplace temperatures in California. This was a long-awaited amendment, particularly as it relates to indoor workplaces. When the regulation goes into effect in October 2024, every worker (except those that work in prisons) has the right to a workplace that meets the following standards:

• Maximum temperatures for indoor workplaces must be kept between 82 and 87 degrees.
• If the temperature reaches 82 degrees, employers must provide “cooling” stations and watch out for signs of heat injuries.
• If the temperature reaches 87 degrees, employers have to adjust schedules to allow for more breaks and slow production.
• If this can’t be done, employers have to provide personal protective equipment, like cooling vests or fans.

These rules are meant to keep workers safe and healthy. However, not all employers follow them, which can put workers–especially those with medical conditions–at risk. Some employers violate these regulations by:

• Failing to maintain safe indoor temperatures
• Neglecting high-heat safety procedures
• Skipping the acclimatization period for new or returning workers
• Not making reasonable accommodations for employees with medical conditions affected by extreme heat.

Again, these rules are in place to protect you and your co-workers. And while you never want to get injured, if your employer ignores regulations, it gives you certain options.

What Options Do You Have If Your Employer Violates Your Rights Regarding Temperature?

If you think your employer has made you work in unsafe temperatures, there’s a few things you need to do to protect your rights and hold your employer accountable. First and foremost, you need to document the situation and notify your employer. This means keeping a record of every instance where temperatures were extreme. Note the date, time, temperature, and any symptoms you had.

Then, send a written notice to your employer about the issue and ask them to fix it. This could lead to a quick solution without needing further action.

If your employer doesn’t fix the problem, here’s what your options are:

• File a Cal/OSHA complaint – If your employer doesn’t address the issue, you can file a complaint with Cal/OSHA online, by mail, or phone. Provide detailed information about the violation and any health issues you experienced. Cal/OSHA will investigate and may fine your employer.
• File a lawsuit – The second option is to file a lawsuit. Our firm can help you file a Complaint in civil court against your employer, and then guide you through the process. If your claim is successful, you can potentially recover “damages” like:
• Lost income and earning potential
• Medical expenses
• Loss of benefits
• Emotional distress
• Pain and suffering

In California, your most crucial workplace right is to a safe and healthy environment. If your employer puts you in unsafe conditions, like extreme temperatures and it leads to you getting hurt, our firm will be there to stand up for your rights.

Contact the Law Office of Alice A. Strombom After a Workplace Injury

Facing an injury at work is never what you want to happen, but there’s an added layer of frustration when your employer doesn’t protect you from things like excessive temperatures. When this happens, our team at the Law Office of Alice A. Strombom can help. We’ll explain your options and help you hold your employer accountable. Contact us today to set up a free consultation to talk about your case.