Newly amended labor code provisions in California are turning up the heat on employers, according to Geoffrey Westbrook and Joshua Henderson of Seyfarth Shaw. The amendments allow for private enforcement of heat-illness prevention laws, which previously were only imposed by limited California Occupational Safety and Health Administration resources, say Westbrook and Henderson.
It’s now more important than ever for Golden State employers to guard their employees from the sunshine and provide “cool-down” periods, to prevent litigation en masse. What this means is that any California employer with an outdoor place of employment must have a heat-illness prevention program in place that allows and encourages employees to rest in the shade for at least five minutes at a time when they feel the need to protect themselves from overheating, explain the authors.
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