Kevin Lindley, FRSA Self Insurers Fund Safety Consultant
Every year, many workers die and thousands more become ill while working in hot or humid conditions. OSHA currently has a Heat Illness Prevention campaign across the country to focus on heat hazards and remediation efforts by employers. Employers are required by OSHA regulations to provide a safe workplace for their employees free of known safety hazards, including extreme heat. Failure to do so can result in an injury or illness of workers as well as an OSHA citation. OSHA and NIOSH have developed the “Heat Index” phone app to help employers monitor outdoor temperatures.
Employers are required to provide their workers with water, rest and shade. OSHA regulation 29 CFR 1926.51(a) states, “An adequate supply of potable water shall be provided in all places of employment.” Adequate, as defined by Merriam-Webster, is “sufficient for a specific need or requirement.” Per the Mayo Clinic, the average, healthy adult male living in a temperate climate would need 15.5 cups of fluid a day. That quantity can vary due to physical activity level, environment, overall individual health and many other considerations. There isn’t a clearly defined requirement for how much water should be present on the job; however, it needs to be provided and present at all times, meaning that if the field workers run out of water more is required. When workers become dehydrated, they are not as efficient, are not as focused and are not productive. The term “rest” speaks to the frequency and duration of breaks. The need for “shade” at a workplace can either exist or be provided and should be sufficient to provide coverage to all workers at that location.
Recently, there has been a lot of debate regarding the mandate for local governments to require shade or water breaks for outdoor workers. Florida House Bill 433 banning local municipalities from mandating employers to give heat breaks or shade to outdoor workers was recently signed by Governor Ron DeSantis. This does not eliminate the need to provide outdoor workers a safe workplace free of known hazards. State and federal laws are still in effect to provide adequate water and sufficient shade and breaks to relieve workers from the harsh outdoor conditions in Florida.
Employers are required to allow new or returning workers to gradually increase workloads and take more frequent breaks during the first week of work as they build a tolerance for working in the heat. Allowing employees to acclimate to heat conditions is essential to not only keeping your workers healthy but also helps employers retain newly hired workers. As the summer months progress, temperatures, heat index and aggravation of workers continue to escalate. It is a good idea that the crew leader and fellow workers have realistic expectations for new workers coming into the field and look after the new crew members to ensure they learn the trade as expected by their new employer and to work at a reasonable pace.
Employers must plan for emergencies and train workers on prevention. Talk to employees about the heat; learn what precautions they are taking to ensure they are staying healthy and not overcome by the high temperatures in the field. Employees must be able to recognize symptoms of heat emergencies not only in themselves but also in their coworkers. Workers must also know what steps to take in the event of a heat-related illness on the job. Posters in the office are not enough. Training should be documented for all workers. Just like any other training, keep a roster of attendance for each group discussion or tool-box talk. Have a company-wide meeting to review company expectations of worker precautions, recognition of heat illnesses and steps to take in the event of a worker who is experiencing heat-related symptoms.
Daytime temperatures during the summer months in Florida are known to regularly climb into the upper nineties and, sometimes, higher. The effects of the extreme heat are well known to everyone who has visited or lived in Florida during these months. Beyond being required to provide water, rest and shade to field workers, employers should be motivated to make sure their employees are taken care of in order to keep them healthy, alert, productive and to maintain good morale in the workplace.
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