Is your Kentucky employer legally required to give you a break from heat in hot weather?
Maybe you work in construction, as a landscaper, roofer or even at one point an AppHarvest greenhouse worker, often in hot and humid conditions that can be punishing on the human body.
In Kentucky, does your boss have to give you a break when the temperature and heat index rise into dangerous territory? For commonwealth workers who have to deal with the heat, particularly in July and August when temperature highs can often reach into the 90s, the answer is no.
Here’s a look at why that is and the extent of extreme heat protections for Kentucky workers (or the lack thereof).
What’s the danger for outdoor workers in Kentucky?
Some states, such as California, Washington and Minnesota, have standards and regulations to protect workers from extreme heat. However, other states, including Kentucky, don’t have regulations regarding rest breaks, water and shade for outdoor laborers working in dangerous heat, according to the Western Kentucky law firm Rhoads and Rhoads.
At least one lawmaker recently hoped to change that. During the 2024 lawmaking session of Kentucky’s legislature, state Sen. Cassie Chambers Armstrong, D-Louisville, introduced Senate Bill 183.
The legislation would have required employers in certain industries to develop and maintain a heat illness prevention plan for their employees and penalize them for not doing so. Specifically, a provision of that bill established “the employer’s responsibility to provide water, shade, rest breaks and access to first aid and emergency medical services with no retaliation to the requesting employee,” among other reforms.
However, the bill withered away in a Senate committee and never moved forward.
What about federal protections for workers in extreme heat?
The Occupational Safety and Health Administration, or OSHA, does have general recommendations for employers of workers experiencing outdoor or indoor heat. These include providing drinking water, offering rest breaks and allowing acclimatization for new workers (who are particularly at risk for heat-related deaths), among other safety precautions.
However, these are truly recommendations and not legally required, in part because there isn’t a specific federal standard for heat exposure and heat-related illnesses.
OSHA is currently developing a federal heat standard, but the process is expected to take years, if it succeeds at all. Several industries have historically lobbied against such protections.
What can workers do to protect themselves from extreme heat?
If you work outside and worry about heat exposure there are steps you can take to protect yourself. The most important thing to do is to drink water, dress appropriately and take as many breaks as possible.
- According to the Federal Emergency Management Agency, workers in these situations should drink plenty of water before, during and after their shift. Aim to consume at least one cup of water every 15 to 20 minutes. Avoid caffeinated and sugary beverages. Coffees, teas, sodas and energy drinks should be avoided.
- Dress for the weather. Wear lightweight and loose-fitting clothing that is lightly-colored and protects your skin from the sun. Get a wide-brimmed sun hat and a cooling towel to wear around your neck. Use sunscreen on parts of your skin you can’t cover up.
- Take breaks when possible and pace yourself while working. If you have an opportunity to spend any time in an air-conditioned place, even briefly, take it. Give your body the chance to recover from heat stress at various points throughout the day.
- Monitor yourself and others for signs of heat-related illness. According to the U.S. Centers for Disease Control and Prevention, if you feel weak or faint, you should stop working and go cool off. Senior employees should look out for new workers and give them some time to get used to the heat. It can take one to two weeks to gradually build up heat tolerance.
Do you have a question about the law in Kentucky for our service journalism team? Send us an email at ask@herald-leader.com or fill out our Know Your Kentucky form.