As Summer Heats Up, What Responsibility Do Employers Have to Cool Down Their Employees?

The beginning of summer often aligns with the beginning of the growing season for many Midwest farmers. With the rising temperatures, fruits and vegetables aren’t the only things growing this summer. The risk of heat stroke, heat exhaustion, and other heat-related injuries are a major risk for employees. So how do employers ensure that their workers stay safe during long days in the sun? State and federal agencies have developed recommendations and policies to answer this question.

Occupational Safety and Health Administration’s Proposed Rule on Hold

In August 2024, the Occupational Safety and Health Administration (OSHA) issued a proposed rule regarding heat injury and illness prevention in outdoor and indoor work settings in all industries where OSHA has authority. This rule would require employers to create a plan to evaluate and control heat hazards in their workplace and clarify employer obligations to effectively protect employees from hazardous heat.

In January 2025, the proposed rule still had not been reviewed, and President Trump issued a memorandum for heads of executive departments and agencies implementing a regulatory freeze pending review. The memorandum also prohibits the proposal or issuances of any rule until a department or agency head appointed by President Trump reviews and approves the rule.

Federal Occupational Safety and Health Administration Recommendations: Employer Responsibilities

Despite the regulatory review freeze on the pending OSHA proposed rule regarding prevention of heat injury and illness, OSHA still recommends employers take the following precautions regarding high temperatures and work safety for all employees:

• Heat Illness Prevention Plan: This plan should include monitoring, acclimatization, work/rest schedules, a buddy system, and protocols for emergencies and first aid.
• Water: Employers should provide cool, potable water accessible near the work area and encourage workers to drink water regularly, approximately one cup every twenty minutes.
• Rest and Shade: Regular rest breaks in shaded or air-conditioned areas should be provided to allow workers to cool down.
• Training and Acclimatization: Employers should train workers and supervisors to recognize signs of heat-related illness and implement acclimatization programs for new or returning workers.

Wisconsin’s Emergency Rule: Heat Illness Prevention Plan for Employees

In 2024, Wisconsin implemented heat illness protection rules, which were removed in January 2025, in anticipation of OSHA’s heat illness prevention rule approval. The freeze on OSHA’s proposed rule resulted in the Wisconsin Department of Workforce Development (DWD) passing an emergency rule in March 2025 to protect field workers, who are primarily migrant workers, from heat illness during the growing temperatures during the summer months. The rule effectively reimplemented two DWD provisions that were previously in effect for the 2024 growing season, which are modeled after OSHA recommendations and the proposed OSHA heat illness prevention rule. Notably, these new Wisconsin requirements only apply to operations in which any number of migrant workers are engaged in hand labor.

While OSHA currently has recommendations for employers, the new emergency Wisconsin rules require employers to: (1) monitor employees susceptible to heat illness and establish a heat illness prevention plan; and (2) provide shade to employees and the opportunity for employees to take breaks when temperatures exceed 80°F. These newly implemented Wisconsin DWD rules expand on field sanitation standards, previously only requiring drinking water for workers and reasonable opportunity to hydrate.

Now, Wisconsin employers must take the following measures to ensure employee safety:

• Develop a Heat Illness Prevention Plan:
  • Employers are required to develop, implement, and maintain a written heat illness prevention plan. This plan must be available at the worksite and include procedures for emergency response, effective communication, and first aid measures.
• Provide shaded areas that are either open to the air or equipped with ventilation or cooling when outdoor temperatures exceed 80°F.
  • The shade must accommodate all workers on break or taking meals, allowing them to sit comfortably without being in physical contact with each other.
  • These shaded areas should be located as close as practicable to the work areas.
• Permit workers to take cool-down breaks in shaded areas when they feel it is necessary to protect themselves from overheating.
  • During such breaks, employers must monitor their employees for symptoms of heat illness and may not require them to return to work until symptoms have abated or after a minimum of five minutes, whichever is longer.
• Implement additional measures when temperatures reach or exceed 95°F, including:
  • Ensuring effective communication methods are in place for workers to contact supervisors or emergency services.
  • Observing workers for signs of heat illness.
  • Designating personnel authorized to call for emergency medical services.
  • Reminding workers to drink water and take breaks.
  • Conducting pre-shift meetings to review high-heat procedures and workers’ rights to take preventative cool-down rests.

Bottom Line

The easiest way to ensure worker safety during the hottest months of the year is for employers to comply with state laws, federal guidance, and local provisions. These rules were previously in effect for the growing season of 2024, and existing employers should have already established plans and shade areas to meet the above requirements. New employers should implement these policies as soon as possible to comply with the Wisconsin DWD.

This article, slightly modified to note recent updates, was featured online in the Great Lakes Employment Law Letter and published by BLR®—Business & Legal Resources. Reproduced here with the permission of BLR®—Business & Legal Resources.