OSHA proposes regulations for heat safety

 

On July 7, 2020, Tim Barber reported to work for his second day on the job for a construction company.

 

At the end of his shift, he collapsed and died.

 

Barber had been working outdoors, in direct sun. Without adequate hydration, breaks, shade, observation, or training, the 35-year-old succumbed to hyperthermia or heat stroke.

 

This workplace tragedy didn’t happen in Arizona, Texas, or some other state known for arid conditions.

 

It happened in New York, in Livingston County, proving it can happen anywhere, even in the northern US.  

 

The sad outcome of that 95-degree day, the memory of Barber, and the impact on his family all became part of a campaign by the Occupational Safety and Health Administration (OSHA) to educate employers and workers about the dangers of heat stress.

 

It also served as a motivator to get something done.

 

Believe it or not, OSHA -- which oversees the gamut of workplace safety from hazardous chemicals to protective equipment to electrical controls -- has never had a heat standard. It got close before: In 2011, it was pressured to develop one, but the assistant secretary of labor for occupational safety and health at the time said that workers weren't dying from heat at a rate that would justify a legal standard.

 

That outlook began to change in 2022 due to nudges from Barber’s passing and a study undertaken by National Public Radio (NPR) and Columbia Journalism School that found 384 works had died from heat stresses over the previous ten years, with the three-year average doubling since the early-1990s. That year, OSHA went with a National Emphasis Program that focused on heat injuries and illnesses. Such an endeavor could be classified as “suggestion” and not “regulation”.  

 

Now, two years later, we are on the precipice of finally having the first federal standard requiring employers to create a plan to evaluate and mitigate heat hazards in the workplace. Earlier this month, OSHA announced the creation of that set of rules that will impact 36 million workers and apply to all employers conducting outdoor and indoor work under OSHA jurisdiction.

 

OSHA’s proposal kicks-in when the air temperature or heat index are found to be 80 degrees. With such a threshold, many workplaces will fall under protocols for long stretches of the summer. Targeted indoor industries could include factories, warehouses and distribution centers, bakeries and restaurants, and laundries. Outdoor work environments under scrutiny could include construction and infrastructure, agriculture, mail and package delivery, theme parks, and landscaping.

 

OSHA’s multi-faceted standard involves training; monitoring; extra breaks as needed; adequate hydration; cool break areas; and investing in reasonable temperature controls like fans. Once the temperature reaches 90 degrees, OSHA also wants to see 15-minute breaks every two hours, as well as signage or other warnings for employees.

 

Something new to the proposed rules, not emphasized in past programs, is the gradual acclimatization for new employees and those returning from a leave of 14 days or more. Under this proposal, the employee’s exposure to heat is restricted to no more than 20% of a normal work shift on the first day of work, 40% on the second day, 60% of the third, and 80% on the fourth.

 

The full set of rules will soon land on the Federal Register, at which time a public comment period will be open for 120 days. It might get a lot of attention – from those for and against -- because you’d surprised by how many businesses do not have defined heat protocols in place. Some surveys indicate that, at most, 15% of workplaces have a defined and effective policy. 

 

It’s likely that almost all of OSHA’s suggestions will survive public comment. For those who think it might be a burdensome set of regulations, realize that most of OSHA’s proposal is identical to the long-held policies at my workplace. They are manageable and worthwhile. And, they work.

 

So, I encourage all businesses that may be at risk of heat exposure to sharpen their pencils, develop some policies, train their personnel, and make necessary investments.

 

Do it now, too. Don’t wait for government to make you do it. Summer heat, as welcome as it may be, can bring its own problems. Now is the right time to overcome those obstacles and protect workers.

 

From the 25 July 2024 Greater Niagara Newspapers and Wellsville Sun