By: Ty Hyderally, Esq. and Francine Foner, Esq.

The summer heat has been more than uncomfortable. For many New Jersey workers, it has been dangerous and even deadly.

In response to an early-season heat wave, the New Jersey Department of Labor and Workforce Development (NJDOL) issued a reminder about the serious health risks that workers face when performing job duties in high temperatures. The agency highlighted PEOSH Safety Alert #41, which focuses on recognizing heat hazards and preventing heat-related illnesses among public employees.

While the Safety Alert specifically applies to public-sector employees, the message is relevant to workers across all industries: employers should take reasonable steps to protect workers from dangerous heat exposure.

Why Heat Exposure Is a Workplace Safety Issue

Many people think of heat as merely an inconvenience. However, as explained in the Safety Alert, prolonged exposure to high temperatures can lead to serious medical conditions including heat stress, heat exhaustion, and heat stroke. In severe cases, heat-related illness can be fatal.

The alert highlights workers at particular risk, including:

• Construction workers.
• Public works employees.
• Utility workers.
• Sanitation workers.
• Firefighters and first responders.
• Road crews.
• Landscaping employees.
• Public safety academy recruits and instructors.
• Anyone performing strenuous outdoor work during hot weather.

Heat becomes especially dangerous when humidity is high because the body cannot cool itself effectively through sweating. Dehydration and electrolyte imbalances can develop quickly, potentially leading to serious medical emergencies.

Recognizing the Warning Signs

One of the most important takeaways from the NJDOL alert is that workers and supervisors should know how to identify the symptoms of heat-related illness before a situation becomes an emergency.  Common symptoms of heat related stress include excessive sweating, fatigue, intense thirst, weakness, dizziness, headaches, nausea, skin becoming cool and moist, and muscle cramps. The Safety Alert warns that workers experiencing these symptoms should move to a shaded or cool location, rest, and drink water or electrolyte beverages.  Medical attention may be necessary if symptoms do not improve after cooling down and rehydrating.

Heat Stroke: A Medical Emergency

Heat stroke requires immediate emergency intervention. Warning signs can include body temperature above 103°F, hot, dry skin, confusion, rapid pulse and loss of consciousness. The Safety Alert advises that if heat stroke is suspected, call 911 immediately, as delays in treatment can be life-threatening.

What Should Employers Be Doing?

According to NJDOL and PEOSH, employers should actively monitor heat conditions and implement measures designed to reduce worker exposure. Recommended safety practices include:

• Checking weather forecasts and heat index levels daily.
• Adjusting work schedules during extreme heat.
• Providing regular rest breaks.
• Ensuring access to drinking water.
• Offering shaded or cooled recovery areas.
• Training employees and supervisors to recognize heat illness symptoms.
• Establishing heat illness prevention programs.

The Safety Alert also discusses the use of the “Wet Bulb Globe Temperature” measurement, which can provide a more accurate assessment of heat hazards because it accounts for factors such as humidity, sunlight, and cloud cover.

Public Employers Have Legal Obligations

The NJDOL emphasized that public employers in New Jersey are subject to the Public Employees Occupational Safety and Health (PEOSH) Act. Under the law’s General Duty Clause, public employers must provide workplaces that are free from recognized hazards likely to cause death or serious physical harm.

The agency specifically noted that heat exposure can constitute such a recognized hazard, making prevention efforts more than just a best practice. They are part of an employer’s responsibility to maintain a safe workplace and comply with other labor laws.

OSHA Is Also Focusing on Heat Safety

The Safety Alert points to OSHA’s proposed federal Heat Standard, which would require employers to take specific protective measures once certain heat thresholds are reached. The proposal identifies an initial action level at a heat index of 80°F and heightened protections at 90°F or above. Recommended measures include providing water, shade, rest breaks, and employee training.

What Workers Should Do If They Are Concerned

Workers who regularly perform duties in hot conditions should:

• Stay hydrated throughout the workday.
• Take breaks when needed.
• Learn the symptoms of heat-related illness.
• Watch for warning signs in coworkers.
• Report unsafe conditions to management.
• Seek medical attention promptly if symptoms develop.

No worker should be forced to ignore dangerous symptoms simply to finish a shift. Workplace safety should always come first.

The Bottom Line

As temperatures continue to rise across New Jersey, heat illness is becoming an increasingly important workplace safety issue. NJDOL’s latest Safety Alert serves as an important reminder that extreme heat is not merely uncomfortable. It can pose serious and potentially fatal risks when employers fail to implement appropriate protections.

Workers who believe they have suffered a heat-related injury on the job, or who have concerns about unsafe working conditions, should understand that legal protections may be available. Knowing your rights and speaking up about workplace safety can help prevent serious injuries and save lives.

If you have any questions regarding your rights as an employee, you should seek an experienced attorney who concentrates in employment law. Our firm has been concentrating in employment law for over twenty-three (23) years!

En nuestra firma hablamos español. This blog is for informational purposes only. It does not constitute legal advice and may not reasonably be relied upon as such. If you face a legal issue, you should consult a qualified attorney for independent legal advice regarding your particular set of facts. This blog may constitute attorney advertising. This blog is not intended to communicate with anyone in a state or other jurisdiction where such a blog may fail to comply with all laws and ethical rules of that state or jurisdiction.