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July 2022: OSHA Launches National Emphasis Program Targeting Heat-Related Workplace Illness and Injuries

07 Jul

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Update Applicable to:
All employers with employees in heat-related environments.

What happened?
On April 8, 2022, the Occupational Safety and Health Administration (OSHA) issued a new National Emphasis Program (NEP) on indoor and outdoor heat-related hazards that expand on the agency’s ongoing heat-related illness prevention campaign.

What are the details?
Effective immediately, the NEP applies when employees are exposed to outdoor heat at or above 80°F with the humidity at or above 40%. This program does not apply to incidental exposure, which exists when an employee is not required to perform a work activity outdoors for more than 15 minutes in any 60-minute period.

OSHA has only issued approximately 400 heat-related citations since 2018. Under the NEP, OSHA plans to double the amount of heat-related inspections it conducts and issue more heat-related citations to employers.

Programmed and Unprogrammed Inspections
OSHA will conduct programmed inspections when the National Weather Service has announced a heat warning or advisory in an area. OSHA will target high-risk workplaces for these inspections, such as construction sites, automobile factories, petroleum refineries, chemical factories, glass factories, iron and steel mills, bakeries, cattle ranches, farms, and skilled nursing facilities.

OSHA will open an unprogrammed inspection if a hazardous heat condition is recorded in an employer’s OSHA 300 log or 301 incident report or if an employee raises a heat-related issue to a compliance officer. OSHA inspectors must also ask employers about their heat-related prevention programs during all inspections.

OSHA will conduct a follow-up inspection when an employer(s) is cited for a heat-related fatality to determine whether abatement was implemented.

Heat Index of at Least 80°F
OSHA will focus on workplaces where the heat index is 80°F or higher, though the agency acknowledged that heat-related fatalities have occurred with a heat index below 80°F.

Compliance
During inspections, compliance officers will assess whether employers:

  • Provide accessible, cool drinking water to employees at all times and at no cost to them;
  • Have written heat illness and injury programs and trained employees on hydration, heat illness signs, first aid, and summoning emergency personnel;
  • Monitor ambient temperatures and levels of work exertion at worksites;
  • Schedule rest and hydration breaks;
  • Provide access to shaded areas;
  • Provide time for acclimatization of new and returning employees (OSHA’s recommended rule is that employees should only work 20% of their normal duration on their first day and gradually increase work duration over a one- to two-week period);
  • Schedule job rotations (such as earlier start times and employee rotation) to limit heat exposure; and
  • Implement a “buddy” system on hot days.

For more information, please see the links below:

National Emphasis Program (NEP)

OSHA National News Release

Article 1Article 2

What do employers need to do?
Employers should review the links provided above, implement safety policies to protect their employees from the heat, and keep them informed that some health conditions may increase the likelihood of a heat-related illness.

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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