Protecting employees from UV exposure not just a summertime exercise
The current state of summer sunshine is a welcome change for workers after a long, hard winter. But as much as employees might celebrate the sun, repeated exposure to ultraviolet (UV) radiation can pose serious safety risks.
Prolonged, repetitive exposure to UV radiation in the form of sunlight is the most significant risk factor in the development of skin cancer.
Daily exposure to UV radiation increases the risk of skin cancer, photo-aging and the formation of cataracts.
"We would just hope employers would be ethical and be responsive to the needs of their employees in supporting sun protection strategies," said Samir Gupta, chair of the Ontario Medical Association’s dermatology section.
Gupta suggested workers seek shade when possible to avoid direct UV exposure.
When exposure is unavoidable, he recommended sun protective clothing and the use of a broad-spectrum sunscreen.
Not just a summer problem
Gupta also warned against the misconception that having a tan defends against UV exposure, saying the only thing a tan provides is a false sense of protection.
Another misconception Gupta hopes to dispel is the notion that employers need only provide UV protection for workers during the summer months.
"Sun protection is not just a summer thing," Gupta clarified.
"It’s January through December, it’s Monday through Sunday and it’s both sunny and cloudy days."
In the summer months, when the sun is stronger and paired with higher temperatures, however, employers need to be increasingly cautious of protecting workers from UV exposure, Gupta said.
Sari Sairanen, director of health, safety and environment at Unifor, said the best thing employers can do to protect workers is to plan ahead.
"You’d have to be living in a cave not to know that UV exposure creates a very hazardous working condition," Sairanen said. "It is really important to identify those hazards and deal with them. And it’s important you don’t start working on a safety plan in June. You should be building an awareness program early and running that program year-round."
When an employer can’t eliminate a hazard altogether it must employ control measures to the best of its ability. Scheduling changes can keep employees out of the sun when UV radiation is at its peak and the use of personal protective gear — including sunglasses, hats and uniforms in fabrics that offer UV protection — can reduce exposure.
It is also important to consider different levels of exposure. While employees who work outdoors are obvious candidates for special measures, other workers — like sales representatives who spend large portions of their day driving — also require safety considerations.
"Employers should never be caught off-guard," Sairanen said. "They should never be reactionary. Employers have an opportunity to be proactive."
Legal obligations
Legally speaking, employers have a responsibility to take every reasonable precaution in order to protect workers.
"It’s clear that exposure to sun is a potential health hazard, but it’s one that’s misunderstood and not appreciated enough," said David K. Law, partner at Gowling Lafleur Henderson LLP.
It’s appropriate for an employer to insist workers wear sunscreen, take frequent breaks in the shade and hydrate, he said.
"What employers need to understand is that sun exposure is a genuine hazard, even if culturally we like it," Law said.
An important aspect for employers to remember is the subjectivity of sun safety, Law said. Some workers will be more susceptible to UV and heat exposure than others. Employers need to listen to workers’ concerns about the workplace, as they will not always share an employee’s reaction to the environment.
Employees who feel their concerns are being ignored could potentially refuse work on the basis of safety. Across Canada, provisions relating to work refusal reference an employee’s "reasonable belief" the conditions of their workplace could expose him to dangers to his health or safety.
Law noted a low comfort level is not the same as a safety risk, saying it is crucial employers understand the difference.
"If the air conditioning in an office went off, the people would complain… but they would not be at risk because it’s not going to get that hot. Sorry you’re uncomfortable, but there’s no legal right to be comfortable. It’s a judgment call."
By creating a UV safety plan and implementing it early on, employers can protect workers when levels of exposure are highest and ensure productivity is not affected during the summer months.
"People working outdoors are going to be exposed. There’s no real excuse for an employer to pretend it doesn’t know," Law said. "The things you can do are practical and simple. These are not difficult things, and they work."
