The federal government established the Occupational Safety & Health Administration (“OSHA”) to create rules that maximize workplace safety. Given the hazards of heat stroke and heat exhaustion to employees, OSHA requires employers to provide water on the job site.
Heat Index and Water Consumption
Given the threat of heat-related illness to outdoor workers, OSHA has instituted a campaign targeted to reduce heat-related illness. That campaign includes a chart of risk levels and protective measures each of which involves the use of drinking water.
Heat Index < 91ºF: An employer must provide drinking water.
Heat Index 91ºF to 103ºF: An employer must remind workers to drink water often (about 4 cups/hour)
Heat Index 103ºF to 115ºF: An employer must actively encourage workers to drink plenty of water (about 4 cups/hour)
Heat Index > 115ºF: An employer must establish a water-drinking schedule (about 4 cups/hour).
Employer Duties on a Job Site
In fact, OSHA has instituted regulations regarding the duty of an employer to provide water on the job site. Title 29 of the Code of Federal Regulations specifically provides the following duties of an employer.
1915.88(b)(1): The employer shall provide potable water (drinking water) for all employee health and personal needs and ensure that only potable water is used for these purposes.
1915.88(b)(2): The employer shall provide potable drinking water in amounts that are adequate to meet the health and personal needs of each employee.
1915.88(b)(3): The employer shall dispense drinking water from a fountain, a covered container with single-use drinking cups stored in a sanitary receptacle, or single-use bottles. The employer shall prohibit the use of shared drinking cups, dippers, and water bottles.
So, not only is an employer obligated to provide water on the job site, the employer has additional duties to ensure that water is consumed, sanitary, and ample.
Written by:
Mark A. Fassold
Watts Guerra LLP
4 Dominion Drive, Bldg 3, Suite 100
San Antonio, Texas 78257
Phone (210) 447-0500
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