Have 'meaningful conversations, talk about the risk, reach out frequently,' says WorkSafeBC expert offering safety tips
After several summers of record-breaking heat in B.C. and across the country, workers are starting to demand more protection from heat from their employers and the government.
Worker Solidarity Network (WSN) in B.C., for example, has been rallying the B.C. government to create “too hot to work” legislation for workers working indoors with no air conditioning, and outdoors being exposed to direct sunlight.
“Workers need better labour rights protections and enforced health and safety regulations that respond to the reality of the climate crisis as it manifests in the workplace,” WSN states on its website.
“In the absence of climate protections in labour law, the task of keeping workers safe falls to workplaces and WorkSafeBC. Unfortunately, health and safety measures in the workplace are dated, rarely enforced, and ineffective.”
WSN says that restaurant workers risk their health and safety working in too-hot conditions because they fear retaliation, especially non-unionized workers.
Employer responsibilities with heat stress
In anticipation of another hot summer, WSN is asking the government to implement a temperature cap for indoor workers, The Tyee reported – especially food service employees who often work in unventilated areas near hot ovens.
Planning ahead for extreme heat and communicating regularly with employees is the key to keeping them safe from heat stress and other injuries this upcoming summer, says Suzana Prpic, senior manager of prevention field services at WorkSafeBC.
“In times like this, we do encourage employers to engage their workers, have meaningful conversations, talk about the risk, reach out frequently, because in engaging workers we can actually understand what's to be done very early on,” she says.
“Employers have that duty to take every reasonable precaution, whether workers are at home, whether workers are on a construction site, or in a forestry setting — it all has to start with that hazard identification and risk assessment and ensuring that everybody can work comfortably.”
Remote workers also susceptible to climate change heat stress
Remote workers are under the same jurisdiction as all other workers, says Fiona McFarlane, employment lawyer with KSW Lawyers in Vancouver; it is important for employers to include remote workers in the same due diligence process of early communication about heat stress education, and strategy for keeping cool while working alone.
“It's very important for employers to talk with employment lawyers or their human resources people, and really consider what that means for them, if they've got a large work-from-home workforce,” she says.
“Now that we've settled into a bit of a different post-pandemic, work-from-home world, people may not be reflecting on that as much. My recommendation to employers is always to reflect on their policies, whatever their policies are, including their work-from-home policies, that they're still applicable to whatever the law is.”
In Quebec in 2021, workers performing “telework” and their employers were added to the Act Respecting Occupational Health and Safety in that province. It’s not the same as controlling the temperature in an establishment or office, says employment lawyer Laurence Bourgeois-Hatto of Langlois in Montreal, adding that for remote workers, flexibility is paramount.
“For people working from home, it's another ballgame,” she says. “You can be a little bit more flexible and say, ‘Well, normally I wouldn't permit an employee working from a cafe or shared space, or to work from a library, but now if there's a heat wave, we're going to be more flexible.’”
Pro-active measures, regular check-ins important for remote workers
Educating remote workers about signs of heat injuries in the same way they would for other workers is also important, says Bourgeois-Hatto, along with upping regular contact during hot days.
“When you have two employees working on a construction site when there's a big heat wave, you're going to ask them to work in teams so they can make sure that they're both okay. When you have employees working remotely from home, it's more difficult, but maybe be more in contact with them, remind them to drink a lot of water, for example,” she says.
In 2021, a heat dome in the Lower Mainland of B.C. was responsible for 619 heat-related deaths; it was found that high indoor temperatures were the biggest cause of injury and death.
Remote workers have the same responsibilities as other employees, says Prpic, to monitor themselves for signs of heat stress and to report those signs to the appropriate supervisor. Which is why the communication and education piece is vital.
“[It’s about] maintaining that frequent communication, understanding what processes are, understanding how workers are working, understanding the hazards of heat in general — whether for remote workers, mobile workers, people working from home or people working in the office … so that if someone's working from home, they know what that escalation process would be,” says Prpic, adding that it all starts with early assessments of risk and a clear plan.
New refusal of work regulation in B.C.
Workers have the right to refuse work, and employers are obligated to investigate when that happens; McFarlane points out that a new B.C. Occupational Health and Safety Act provision around reassigning refused work means there are now extra steps to take when work is refused.
As of 2022 under section 3.12.1 of the Act, employers are no longer allowed to reassign refused work to a new employee or shift unless the matter has been resolved or the details of the refusal have been provided in writing to the next employee.
“There was this recognition in 2019 that there was a gap, that employers could just reassign work without telling the second worker that the work had been refused, so as a consequence, you might have a safety issue that just got moved along, as opposed to dealt with,” she says.
In interior settings, where heat will continue to be an issue due to climate change, McFarlane recommends employers invest in the physical alterations that will protect employees in the long run and reduce workers’ compensation claims as well as employee turnover.
“Employers should be really assessing their workplace, their hazards, their workers, talking to their workers about where they're at and what they need,” she says.
“Workers need to know that complaints can be made. So, employers really need to understand what that might mean for them, and that they need to assess hazards in a different way or be proactive about that.”
