Employers know that working in the heat can be a health hazard, especially with summer temperatures already here. Workers in several industries can be affected, so OSHA continues to review and adapt its standards.
On May 19, the Small Business Association’s Office of Advocacy held a Small Business Labor Safety OSHA/MSHA Roundtable. Among the topics discussed was an update on the National Advisory Committee on Occupational Safety and Health (NACOSH) Heat Injury and the Heat Illness Prevention Campaign. The meeting was led by Lisa Long, Deputy Director of OSHA’s Directorate of Standards and Guidance and Pamela Barclay, OSHA health scientist.
OSHA created the Heat Injury and Illness Prevention Work Group of NACOSH to assist that committee in providing recommendations for heat injury and illness prevention. The first goal (Task One) was to evaluate OSHA’s heat illness prevention resources and provide input. The second goal (Task Two) was to assess stakeholder input for the Heat Injury and Illness
Prevention in Outdoor and Indoor Work Settings advanced notice of proposed rulemaking (ANPRM), then make rule recommendations for OSHA to consider.
The group met five times from February 2022 to April 2023 and submitted recommendations for Task One. These included the following:
■ Ensuring that all heat injury and illness documents clearly identify worker rights and employer responsibilities
■ Ensuring that all materials and solutions have been technically reviewed and are based on evidence
■ Revising any materials with errors or broken links
■ Targeting a wide range of workers
■ Increasing outreach to temporary and youth workers
■ Creating more multi-lingual materials
■ Continuing community outreach efforts related to heat issues
■ Expanding information for healthcare providers, especially first responders
■ Increasing the use of social media and apps for messaging
■ Identifying best practices and technology for employers and workers.
The group continues to deliberate on the issues related to Task Two and will provide a written report. This report will include ways to measure and define heat exposure, strategies for reducing work-related heat injury and illness and how existing industry and state standards apply. Task Two recommendations were presented at the NACOSH meeting on May 31.
OSHA launched the Heat Illness Prevention Campaign
in 2011 and modeled it after Cal/OSHA’s campaign. Its
purpose is to educate both employers and workers
about the hazards of working in the heat.
To raise awareness about heat-related dangers,
OSHA is sponsoring a Beat the Heat National Contest.
It has also launched The Heat Source newsletter which
can be found on OSHA’s website, www.osha.gov/heat.
It will be interesting to see what results from the Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings ANPRM.
In the meantime, if you have concerns about following OSHA guidelines and protecting your workers from the heat, meet with your HR staff to ensure that all policies are current. You can also consult legal counsel. A seasoned OSHA attorney can assist you in being compliant and advise you on new rule proposals.
The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Trent Cotney is a Partner and Construction Practice Group Leader at the law firm of Adams and Reese LLP and serves as FRSA General Counsel.
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