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If you work in construction in New York, you know the summers are no joke. Long hours under the sun, heavy equipment, and physical labor are all part of the job, but extreme heat is more than just uncomfortable. It can be deadly.
According to the National Weather Service, extreme heat is the leading cause of death among all hazardous weather events in the United States. And with climate change driving hotter, longer, and more frequent heat events across New York State, construction workers are on the front lines of a growing crisis.
Here’s what you need to know about the protections New York law now provides, and what your rights are if your employer fails to keep you safe.
New York State’s Extreme Heat Guidelines: What Changed
In response to rising temperatures and increasing worker deaths, Governor Hochul directed the New York State Department of Labor (NYSDOL) to develop official guidance and best practices specifically for outdoor workers.
These guidelines, published as Employer Guidance: Protecting Outdoor Workers from Extreme Heat (P198), are part of the broader New York State Extreme Heat Action Plan, released by the DEC and NYSERDA in June 2024. The plan contains 49 specific actions the State is taking to address extreme heat, including direct protections for workers like you.
This is not a suggestion. This is State-level guidance that your employer is expected to follow.
Who Is Most at Risk?
Extreme heat doesn’t hit everyone the same way. The State recognizes that vulnerability is shaped by more than just the temperature outside. Workers who face the highest risks include:
- People of color and Indigenous workers
- Workers with chronic illnesses or health conditions
- Older workers
- Workers with limited English proficiency
Construction workers as a whole are among the most exposed, working outdoors, often without shade, during peak heat hours. If you fall into any of these categories, your risk is even greater, and your employer’s obligation to protect you is even more serious.
What Are an Employer’s Legal Responsibilities During Extreme Heat?
Under the NYSDOL’s extreme heat guidance, employers with outdoor workers are expected to take active steps to prevent heat-related illness and injury. Best practices include:
- Providing regular access to cool water and shaded rest areas
- Scheduling the most physically demanding tasks during cooler parts of the day
- Allowing acclimatization periods for workers new to heat-exposed tasks
- Training supervisors to recognize early signs of heat exhaustion and heat stroke
- Having an emergency response plan for heat-related medical emergencies
If you are in a unionized workplace, any existing collective bargaining agreement remains in effect. These guidelines set a floor; your union contract may provide even stronger protections.
Employers who ignore these standards are putting workers at legal and financial risk, as heat-related injuries lead to workers’ compensation claims, increased insurance costs, and liability exposure.
Heat-Related Illness Is a Workplace Injury
This is a point many workers miss: if you suffer a heat-related illness on the job, it may qualify as a workplace injury under New York law.
Heat exhaustion, heat stroke, and other conditions caused by working in extreme temperatures can entitle you to:
- Workers’ compensation beneficios
- Coverage for medical treatment
- Wage replacement during recovery
- Long-term disability benefits in severe cases
The key is documenting what happened, when symptoms started, the conditions on the site, whether your employer provided adequate rest, water, or shade, and whether anyone witnessed the incident.
What To Do If You’re Hurt
If you experience symptoms of heat-related illness at work, dizziness, heavy sweating, weakness, nausea, confusion, or loss of consciousness, take these steps:
- Get medical help immediately. Heat stroke is a medical emergency.
- Report the incident to your employer or supervisor as soon as you are able.
- Document everything. Temperatures that day, hours worked, access to water or shade, and any complaints you made before the incident.
- Do not sign any documents from your employer or their insurance company before speaking with an attorney.
- Contact an employment law attorney who understands construction worker rights in New York.
New York’s Urban Heat Island Problem Makes This Worse
The State is also addressing a specific risk that construction workers in New York City and other urban areas face: the urban heat island (UHI) effect.
Cities trap and store heat in concrete, asphalt, and buildings, making urban job sites measurably hotter than surrounding areas. The DEC, in partnership with SUNY College of Environmental Science and Forestry and Davey Tree, is actively developing maps to identify the areas most affected.
If you work in a designated high-heat urban zone, that’s a relevant context for any legal claim you bring; it puts your employer on notice that the risk was known and documented.
Your Rights Don’t Depend on Your Immigration Status
New York’s labor protections apply to workers, not just citizens. If you are undocumented, you still have the right to a safe workplace, and you may still be entitled to workers’ compensation benefits if you’re hurt on the job. An experienced employment attorney can help you understand your options without putting your status at risk.
*Lo que tu empleador te debe proveer para protegerte del calor extremo en el trabajo.
Learn About Your Rights, Before Something Goes Wrong
You don’t have to wait until you’re injured to understand what protections you have. In fact, knowing your rights in advance puts you in a much stronger position if something does happen.
If you work in construction in New York and have questions about:
- What your employer must provide during extreme heat
- Whether a past heat-related illness could be a compensable injury
- What to do if your employer retaliates against you for raising safety concerns
Contact our firm today to learn about your rights as a construction worker in New York.
We represent workers, not employers, not insurance companies. Our job is to make sure you get the protection and compensation the law entitles you to.