No federal standard specifies when it gets "too cold" for construction work. Nevertheless, your employer has a legal duty to ensure you're safe when working – no matter how low the temperature drops.
Temperatures don't need to be extremely low to cause harm. Even 40°F can be risky if you're outside for a long time, especially if it's windy, rainy, or humid. If you are exposed to the cold, the risk of cold stress — when the body can no longer maintain a normal temperature — increases. Signs of cold stress include frostbite, hypothermia, and trench foot.
If you are being made to work in dangerously cold conditions without the proper protections and safety procedures, you may have a workers' compensation claim or a negligence lawsuit against your employer in violation of OSHA's General Duty Clause.
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What is OSHA's General Duty Clause?
Under the OSHA Act of 1970, the General Duty Clause requires your employer to provide a workplace "free from recognized hazards that are causing or are likely to cause death or serious physical harm."
Hence, even though the Occupational Safety and Health Administration (OSHA) does not specify a strict temperature cut-off for cold-weather work, employers must take preventive measures when cold-related illnesses or incidents are a known risk.
These safety measures should include:
| Adequate Training | Employers must provide training on cold weather hazards, safety protocols, cold-stress prevention, and relevant first-aid. |
| Proper Cold-Weather Gear | Your employer must ensure you have safety gear and PPE to protect against cold, including thermal gloves, waterproof boots, and insulated outerwear. |
| Allowing Heated Breaks | Regular breaks in heated shelters are necessary to allow your body to warm up and avoid cold stress. |
| Monitor Weather Conditions | Employers should adjust work schedules based on weather conditions, including rain, snow, and wind chill, and provide shelter during extremely cold or windy days. They can also schedule outdoor tasks to be performed during the warmest part of the day. |
| Provide Engineering Controls | This could include portable heaters or wind barriers to reduce workers' exposure to the cold. |
In 2020, the Bureau of Labor Statistics (BLS) reported nearly 200 cases of cold-related injuries and illnesses resulting in days away from work.
What Should Construction Workers Do If It's Too Cold?
Remember, as a worker, you have the legal right to:
- Refuse work you reasonably believe is unsafe due to cold conditions.
- Request additional cold-weather safety equipment or training.
- File a confidential complaint with OSHA and seek legal help if your employer fails to address cold-related safety concerns.
Cold conditions that are tolerable in one region might be considered extreme in another. For example, near-freezing temperatures might feel dangerously cold in areas that are not used to winter weather. On the other hand, colder climates might tolerate lower temperatures with the right precautions.
Regardless of temperature, you should consider stopping work when:
- The temperature drops below 32°F, in which the first signs of frostbite can occur in less than 10 minutes.
- You're experiencing symptoms of cold stress, such as loss of coordination, numbness in your extremities, your fingers or toes turning white, or uncontrollable shivering.
- Your protective clothing or equipment is inadequate for the conditions.
- Visibility becomes severely limited due to snow or ice storms.
- Your work involves touching extremely cold materials or requires fine motor skills impaired by cold.
- Temperatures drop below 40°F (4°C) for cement or mortar work. Below this temperature, these materials won't set correctly, risking structural damage. Special precautions are needed if work must continue.
OSHA's General Duty Clause protects your right to a safe workplace. If you believe conditions are unsafe, immediately communicate your concerns to your supervisor.
The Risks When Working In Cold Weather
Cold stress occurs when the body is unable to keep warm in cold conditions after the skin and internal temperature drops. OSHA provides guidelines on minimizing this risk, but, as mentioned at the outset, temperatures don’t have to be below freezing to cause harm. Wind chill, damp clothing, and poor preparation can lead to severe injuries even in relatively mild temperatures.
Cold stress can lead to the following health issues:
| Hypothermia | - Occurs when body temperature drops below 95°F (35°C) - Early symptoms include shivering, fatigue, confusion - Advanced symptoms typically show slurred speech, loss of coordination, unconsciousness - Can lead to heart failure and death if untreated |
| Frostbite | - Freezing of skin and underlying tissues - Most common in fingers, toes, nose, ears, cheeks, and chin - Symptoms may include numbness, skin discoloration (white or grayish-yellow), unusually firm or waxy skin - Can result in permanent tissue damage or amputation in severe cases |
| Chilblains | - Caused by repeated exposure to temperatures between 32°F and 60°F (0°C to 15.5°C) - Symptoms may include redness, itching, possible blistering on cheeks, ears, fingers, and toes - Can lead to ulceration in severe cases |
| Trench Foot (Immersion Foot Syndrome) | - Caused by prolonged exposure to wet, cold conditions (even above freezing) - Symptoms may include numbness, leg cramps, swelling, tingling pain - Can lead to blisters, tissue death, and gangrene if untreated |
Seeking Compensation for Cold Stress Injuries?
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What To Do When You're Injured in Unsafe Cold Conditions
If you suffer a cold-related injury on the job:
- Seek medical attention immediately
- Report the injury to your supervisor as soon as possible
- Document everything – the conditions, your symptoms, and any communication with your employer
- Consider consulting with a personal injury lawyer to understand your rights and options
An expert attorney will explain your legal options, which may include:
- Workers' Compensation
- Covers medical expenses and a portion of lost wages.
- Available regardless of fault.
- File a claim as soon as possible after the injury.
- Personal Injury Lawsuit
- A lawsuit may be an option if your employer's negligence led to unsafe conditions.
- Could provide additional compensation beyond workers' compensation.
- Requires proving your employer failed to maintain a safe work environment.
- Third-Party Claim
- If a party other than your employer (e.g., equipment manufacturer, subcontractor) contributed to unsafe conditions.
- Can be pursued alongside workers' compensation.
Injured or Forced to Work When It's Too Cold for Construction?
Working in cold weather is a reality for many construction workers, but it shouldn't come at the cost of your health and safety. Your employer has a legal responsibility to protect you from the dangers of extreme cold.
At the Porter Law Group, we understand the challenges you face. Our expert personal injury lawyers are here to protect your rights and fight for the compensation you deserve. Your safety and health matters, and we're here to help ensure it's never compromised.
If you're been injured while working in unsafe conditions and your employer has failed to provide proper protection, you have the right to seek compensation. Contact us today at 833-PORTER9 or info@porterlawteam.com to schedule a free, no obligation consultation.
