Dec. 21 is the first official day of winter. Of course, it’s already gotten pretty cold outside. And that means if your workers work outdoors and are exposed to the elements, you need to make sure your company takes steps to prevent them from hazards such as cold stress, frostbite and hypothermia. Liability for Cold-Related Injuries All Canadian jurisdictions require employers to protect workers from the hazards posed by cold weather. (Click here for more information on this legal duty.) In fact, the duty of Canadian employers to protect workers from cold stress predates the existence of the OHS laws. If the company fails to protect workers from the elements, it’s likely to face liability for a safety violations. Look what happened to a Québec company. A quarry worker had to have his leg amputated as a result of frostbite. He’d been on duty outside for 10 hours in sub-zero temperatures. The company argued that the foreman had told workers that they could go home. Not enough, said the Supreme Court of Canada. Given the weather conditions and the increased risk of injury, the foreman should have suspended operations and ordered the workers to leave. “By continuing their employment, he was assuming responsibility for any accidents that might be due to the intense cold,” the court said [The Canada Cement Co. v. Pazuk, 12 D.L.R. 303, May 19, 1913]. How to Protect Workers One of the best ways to protect workers from freezing to death—literally and figuratively—is by developing and implementing a cold stress exposure plan. In fact, some jurisdictions, such as BC and PE, require employers to implement such a plan. And even if your jurisdiction doesn’t specifically require cold stress plans, creating one and putting it into effect is still a good strategy for protecting workers and managing liability risk. Your cold stress exposure plan should address the appropriate engineering, administrative and work controls to manage the dangers posed by exposure to the cold. Click here to download a Model Cold Stress Exposure Plan that you can tailor for your workplace.