Q: Our business employs maintenance people to take care of the grounds and we are currently reviewing the protective work wear for these workers. While we would prefer that when working outdoors they wear long-sleeved shirts to protect themselves from the sun, some workers would prefer to wear short-sleeved shirts to remain cooler in the hot weather. Our concern is that this exposes them to the sun’s harm. We do provide sunscreen that some workers use and some do not.

If workers do not wear long sleeves or sunscreen, can we protect ourselves from future claims related to skin cancer by having these employees sign a deed of release or similar document stating that they have been given the option to wear long-sleeved protective clothing but have opted not to, thereby putting themselves at risk by exposing their skin to the sun?