Other Ways to Protect Workers From Heat

Collective Agreement Language to Prevent Heat Injury and Illness at Work

Between: (Employer Name) (“the Employer”) And: [Union Name] (“the Union”), representing employees at [Workplace Name/Location]

Date: (Insert Date]. Review Date: (Insert Review Date]

1. Purpose. This agreement sets out the procedures and protections to be implemented to safeguard the health, safety, and welfare of all (insert employer name) employees from heat stress and illness when working indoors and outdoors. It reflects the joint commitment of the employer and the union to “provide a workplace free from the recognized hazards” associated with excessive heat.
2. Scope. This agreement applies to all workers employed at [Workplace Name], including permanent, temporary, and agency staff, who work indoors or outdoors and may be exposed to excessive heat.
3. Definition of excessive heat. This agreement is based on the NIOSH (National Institute for Occupational Safety and Health) definition of an initial heat trigger and a high heat trigger. An “initial heat trigger” is equal to a heat index of 80 degrees Fahrenheit or a “wet bulb globe temperature” equal to the National Institute for Occupational Safety and Health (NIOSH) Recommended Alert Limit. A “high heat trigger” is equal to a heat index of 90 degrees Fahrenheit or a “wet bulb globe temperature” equal to the NIOSH Recommended Exposure Limit. Determinations of excessive heat should also factor in heavy exertion, air quality and the type of clothing/personal protective equipment (PPE) required.
4. Heat Injury and Illness Prevention Plan. The employer shall create a Heat Injury and Illness Prevention Plan (HIIPP) with the active involvement of employees and their union. If a union only or a joint safety and health committee exists, that committee should be engaged in all aspects of planning. The plan should aim to prevent heat illness and injury by:
   • Implementing ventilation and other engineering controls first, utilizing administrative controls next, and providing PPE if the aforementioned controls are insufficient for cooling work areas.
   • Detailing emergency response procedures that follow a “cool first, transport second” approach.
   • Identifying all tasks and workers vulnerable to heat stress with a Heat Stress Task Hazard Analysis.
   • Spelling out how environmental monitoring and assessment will be done on all shifts and in all work areas using the results of the heat stress task hazard analysis. Several people, chosen by the union, from each shift will be trained to conduct heat stress monitoring.
   • Setting out how all employees will be notified of who is doing the monitoring and assessment and if they have determined that a heat trigger has been met or exceeded.
   • Assuring that when the monitoring and assessment indicates that the initial heat trigger will be met during any shift, cool, free, potable and accessible water and electrolyte drinks and accessible, cool shade—less than 82 degrees Fahrenheit WBGT—nearby and large enough to protect all of the workers in that area, are provided by the employer.
   • Assuring that when the monitoring and assessment indicates that the high heat trigger will be met, providing every high heat triggered worker, in addition to the accessible cool liquids and shade described above with a minimum of 15-minute paid rest breaks every two hours. These breaks should be taken in a designated break area with cooling measures, such as shade or air conditioning or fans.
   • Including acclimatization protocols for new and returning employees that follow the NIOSH recommendations.
   • Setting up a buddy system or another functioning communications system so help is always accessible to every worker.
   • Allowing for the postponement of non-essential tasks and scheduling for cooler times to minimize high heat exposures.
   • Addressing high heat by relaxing dress codes and providing, at no cost to employees, personal protective equipment such as hats, long sleeves, cooling vests etc.
   • Including procedures to be followed when mechanical ventilation and air conditioning cease to sufficiently cool work areas.
   • Reviewing and updating the plan annually or whenever a heat-related injury or illness occurs that results in death, days away from work, medical treatment beyond first aid, or loss of consciousness.
5. Training. All employees shall be trained annually on the actions that will be taken when initial and high heat triggers are reached, the symptoms of heat exhaustion and heat stroke and how they should be treated, including emergency procedures. Workers and their union will be involved in the design and presentation of the training materials. The training should include the unique heat risks during pregnancy and the protections against retaliation for reporting heat hazards. The training should be available in all primary languages of employees and ensure comprehension by giving time for questions and answers.