Millions of American employees are exposed to heat in the construction industry, and over 3,500 of them get sick from heat-related illnesses every year.
Unfortunately, some people lose their lives to heat-related illness—around 50–70% of outdoor fatalities occur during the first few days of working in warm or hot conditions.
Most of these cases are preventable. The body requires time to build up a tolerance to high temperatures through a process called heat acclimatization. Lack of acclimatization can be fatal. For this reason, the Occupational Safety and Health Administration (OSHA) has established a focus on heat safety. The agency will increase awareness and enforcement to eliminate workplace heat hazards through a new proactive campaign known as the National Emphasis Program (NEP).
Let's review OSHA's NEP and heat safety standards to better understand what is expected of employers and what OSHA will be checking for during an inspection.
Employers and construction site supervisors are now responsible for protecting workers from heat hazards under the NEP, which targets 70 "high-risk industries" and will demand inspections and enforcement this year.
The 70 industries include outdoor and indoor construction and non-construction employers. Examples of non-construction sectors include agriculture, sawmills, bakeries, couriers, motor vehicle and aerospace parts manufacturers, tire shops, storage facilities, nursing homes, car dealers, waste management, and restaurants.
OSHA has historically protected workers from high heat by applying the General Duty Clause, which requires employers to offer employment and workplaces free of recognized dangers, including heat exposure.
Now that summers are becoming increasingly hot, with 18 out of the last 19 being the hottest ever recorded, the President has instructed the agency to prioritize implementing a new heat illness standard (second only to the agency's COVID-19 strategy in urgency).
OSHA's proposed heat illness standard is still in its preliminary stages. The NEP is just the most recent of OSHA's efforts to address heat hazards in the workplace as the agency continues on the long path to establishing a federal heat standard. Meanwhile, state standards can provide helpful guidance.
Several states have established OSHA-approved state plans, setting regulations for hazards not yet covered by federal OSHA standards.
For example:
For states like Louisiana and neighboring states that do not have a state plan, employers should follow OSHA regulations.
Businesses can remain OSHA complaint when it comes to heat safety by ensuring acclimatized workers:
In addition, businesses are expected to:
OSHA will perform proactive inspections for heat-related hazards in outdoor and indoor workplaces whenever the National Weather Service issues a heat advisory.
During an OSHA heat inspection, the following may occur:
Therefore, employers should establish the necessary safety measures to protect employees from such threats before OSHA's assessment.
Employers can avoid tragedies like heat-related illnesses and fatalities by taking action to protect new and experienced employees from excessively high temperatures. They can also prevent severe penalties for failed inspections.
If an OSHA inspection results in violations, there will be a deadline to rectify them before being fined. However, significant citations can result in immediate fines of $14,502 per violation. If violations are not addressed promptly or are repeated, fines can reach $145,027 per violation. In addition, one can be held criminally liable for ignoring OSHA violations that cause injuries.
To avoid inconveniences and keep workers safe, get a free heat safety guideline today.