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Allen M., Esq.
Allen M., Esq., Employment Lawyer
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regarding unsafe work place, can driving of a employer vehicle

Resolved Question:

regarding unsafe work place, can driving of a employer vehicle in hot weather of out side
temperature above 100 outside without adequate air condition that would lower inside temperture less than outside temperature could be consider as unsafe workplace
Submitted: 7 months ago via Cornell Legal Info Institute.
Category: Employment Law
Expert:  Allen M., Esq. replied 7 months ago.
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Unfortunately, no there is no law to this effect. OSHA, the law that concerns workplace hazards, has repeatedly held that workplace temperatures and humidity are matters of human comfort and not matters of workplace hazard that would allow them to cite to the "general duty" provision of the OSHA Act in order to issue citations.

The OSHA law itself also does not specifically mention anything about maintaining temperatures.

OSHA simply requires that an employer would me mindful of heat and its effect on a person's ability to work, allowing breaks for heat, etc. Essentially, because the statute itself doesn't dictate the requirement for AC or other such processes to reduce temperature, OSHA has engaged only in informational exercises with employers. They just try to educate them on the dangers. They don't issue tickets or fines for lack of AC.

I wish I could tell you differently here, but the one entity that could do anything in this situation is not empowered, by statute, to address this specific issue.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15045
Experience: Employment/Labor Law Litigation
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