CASUAL LEGAL: Some Like It Hot: Employer’s Obligations During Extreme Weather

Some Like It Hot: Employer’s Obligations During Extreme Weather

By Jenna Chamberlain

Reynolds Mirth Richards Farmer LLP

AMSC Casual Legal Service Provider

In the first few weeks of summer, Alberta experienced record setting temperatures. If that was any indication of how the summer will unfold, employers should be prepared to face the heat.

In Alberta, most employees have experience preparing for cold weather, but employees must also be prepared to deal with hot conditions in the summer. 

Employers always have obligations to ensure their employees are safe. Therefore, when working conditions change, and those changes could affect workers’ safety, employers have a responsibility to adapt to those changes.

Under the Occupational Health and Safety Act, there are no specific requirements related to the weather or working in extreme temperatures. However, under Part 2 of the Occupational Health and Safety Code 2009 Order (the “Code”), employers are required to identify, assess and eliminate or control hazards which workers may be exposed to at the work site. Under section 7 of the Code, employers must complete a hazard assessment and prepare a report setting out the methods used to control or eliminate the hazards identified.

A hazard assessment must be repeated at reasonably practical intervals to prevent the development of unsafe and unhealthy working conditions. Extreme weather may be a good time to repeat a hazard assessment. Employers may assume warm weather is not a safety hazard, especially since we experience such a short summer season in Alberta. However, weather impacts each person differently and, therefore, employers should take the time to assess whether any employees may be particularly impacted by the heat. If the weather could be a hazard for some employees, then it is beneficial to complete a hazard assessment report regarding the weather.

There is no consistent rule for protecting workers from the weather, as each workplace and each employee is different. However, in general, the best course of action is to:

• Take steps to ensure employees are protected from the heat. This could include having access to a cold location to cool down, providing hydration to workers, or scheduling workers for shorter shifts.
• Train employees to recognize the signs and symptoms of heat stress, and remind employees to continuously assess their condition. Each employee knows their own body best, and they should be encouraged to inform their supervisors, managers, or employers if they are unable to work as a result of the weather.

If an employer does not complete a hazard assessment and a worker is harmed as a result of a hazard, the employer could be liable for the harm caused and could be charged under the Occupational Health and Safety Act. It is an offence to fail to comply with the Act and the Code.

These rules also apply to cold conditions, and employers should determine whether extremely cold weather is a safety hazard for their employees .

To access AMSC’s Casual Legal Helpline, AUMA members can call toll-free to 1-800-661-7673 or email casuallegal [at] amsc.ca (casuallegal[at]amsc[dot]ca) and reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please contact riskcontrol [at] auma.ca (riskcontrol[at]auma[dot]ca), or call 310-AUMA (2862) to speak to AUMA’s Risk Management staff. Any Regular or Associate member of the AUMA can access the Casual Legal Service.

DISCLAIMER: This article is meant to provide information only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated.