Climate and the Workplace: Heat Policies, Extreme Weather, and Your Duty of Care

Why Climate Risk Is Now an HR Issue

It was not long ago that "extreme weather" meant an occasional snowstorm or a rare heat advisory. Today, record-breaking temperatures, wildfires, flooding, and severe storms are reshaping how businesses operate — and how HR leaders must think about employee safety. For small and mid-sized businesses in particular, the absence of a formal climate-related workplace policy is no longer just an oversight. It is a legal and reputational liability.

At Optima HR Solutions, we are seeing more Minneapolis-area employers asking the same question: What exactly is our duty of care when the weather becomes dangerous? Here is what you need to know.

Understanding Your Legal Obligations

Under the General Duty Clause of the Occupational Safety and Health Act (OSHA), employers are required to provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. Extreme heat qualifies. While OSHA does not yet have a finalized federal heat standard (one has been proposed and is under review), inspectors can and do cite employers under the General Duty Clause when workers suffer heat-related illness.

Minnesota employers should also be aware of state-level guidance from the Minnesota Department of Labor and Industry, which mirrors federal standards and can impose additional requirements for outdoor and physically demanding work environments.

"The question isn't whether heat is dangerous — it's whether your organization has done everything reasonable to address that danger." — Optima HR Solutions

Who Is Most at Risk?

Before writing a policy, identify which employees face the greatest exposure. High-risk categories typically include:

• Outdoor workers such as landscapers, construction crews, and delivery drivers
• Employees in warehouses, kitchens, or manufacturing facilities without adequate air conditioning
• New employees who have not yet acclimatized to heat
• Workers over 65, pregnant employees, or those on certain medications

Your heat policy should be tiered to reflect these varying risk levels rather than applying a one-size-fits-all approach.

Building a Practical Heat and Extreme Weather Policy

1. Set Clear Temperature Thresholds

Define at what heat index or outdoor temperature specific protocols activate. Many organizations use a tiered system: Alert (90–95°F), Warning (95–103°F), and Emergency (above 103°F). Each tier should trigger specific actions such as mandatory rest breaks, hydration requirements, or work stoppages.

2. Establish Remote and Flexible Work Options

For office-based employees, extreme heat days can be addressed through remote work flexibility. Document this clearly so managers apply it consistently and employees know what to expect when a heat emergency is declared locally.

3. Create an Extreme Weather Communication Plan

Employees should never be left guessing about whether to report to work during a blizzard, tornado warning, or heat emergency. Your policy should specify:

• How and when official closures or delays will be communicated
• Who has authority to declare a weather-related work stoppage
• How pay is handled during weather-related absences (particularly important under the FLSA for exempt employees)
• Whether remote work is expected during closures

4. Train Supervisors to Recognize Warning Signs

Heat exhaustion and heat stroke can escalate quickly. Supervisors who work with at-risk employees should receive annual training on recognizing symptoms, responding appropriately, and documenting incidents. This training should be tracked in your HR system.

5. Review Your Facilities

Walk through your physical workspace with a critical eye. Do cooling systems work reliably? Are there shaded rest areas for outdoor workers? Is cold water readily available? Simple infrastructure gaps are often the difference between a close call and a workers' compensation claim.

Don't Forget the Documentation

A policy only protects you if it exists in writing, is communicated to employees, and is enforced consistently. Make sure your heat and extreme weather policy is:

• Included in your employee handbook
• Reviewed and updated annually — or after any significant weather-related incident
• Accessible to all employees, including those who work remotely or in the field

The Bottom Line

Climate-related workplace risks are not going away. Employers who take a proactive, documented approach to heat safety and extreme weather preparedness protect their employees, reduce their liability exposure, and signal to their workforce that safety is a genuine organizational value — not just a line in the handbook.

If your organization needs help drafting or updating a heat or extreme weather policy, Optima HR Solutions is ready to help. Contact our Minneapolis team today to schedule a consultation.