Trent Cotney & Travis McConnell, Attorneys, Cotney Construction Law
As Florida temperatures reach the hottest time of the year, it is important to note that 50-70 percent of heat fatalities occur during the first few days of working in hot environments (while the body acclimates). Construction workers, especially those working in the roofing industry, are particularly susceptible to heat injuries due to occupational risk factors. When combined with COVID-19 mandatory mask requirements and the elimination of communal water supplies, the heat could spell disaster for roofing crews. To date, we have already had more than 20 telephone calls from roofing contractors who have had employees suffer from heat-related injury or illness.
Under OSHA’s general duty clause, employers are responsible for providing workplaces that are free of known safety hazards, including protecting workers from heat-related illnesses. With this in mind, it is very important that contractors plan for this hazard through a comprehensive heat-illness prevention program. Additionally, contractors can take advantage of free resources, such as OSHA’s Heat Safety Smartphone App (available on iPhone and Android). At a minimum, any safety program should address the following points:
Heat conditions can change rapidly between and throughout workdays. Onsite and offsite management should monitor changing conditions and implement appropriate protocols to address extreme weather conditions. The individual who is responsible for implementing the heat plan should be on the site where work is occurring and be sufficiently trained to:
■ identify and control heat hazards,
■ recognize early symptoms of heat stress,
■ administer first aid for heat-related illnesses and
■ activate emergency medical services quickly when needed.
Almost half of heat-related deaths occur on a worker’s first day. New and returning workers, as well as those exposed to rapid climate changes, should be given the opportunity to acclimate before working at ordinary capacity.
To protect new workers from heat-related illness, OSHA recommends employers take special precautions for unacclimated workers
for at least one to two weeks. Use the 20% Rule: new or returning workers should only work 20 percent of their first day and an additional 20 percent each day thereafter. During work, they should take longer and more frequent breaks than acclimatized
workers and should be closely monitored for symptoms of heat-related illness.
All supervisors and workers should be trained to recognize hazards and heat-related illness. Factors that have a role in creating occupational heat stress include:
■ environmental conditions (such as air temperature, humidity, sunlight and air speed),
■ presence of heat sources (e.g., hot tar kettles or furnaces),
■ level of physical activity involved in the work,
■ use of clothing or protective gear that will retain heat and
■ individual/personal factors: for example, even temperatures as low as 77°F can present a hazard to acclimatized workers if the work is strenuous. Conveniently, OSHA provides a free heat stress calculator on its website in order to determine if conditions present a hazard.
All workers should be familiar with heat-illness prevention and first aid. This training should include:
■ the types of heat-related illness (including how to recognize symptoms),
■ the importance of immediately providing first aid,
■ the procedures for contacting emergency medical services,
■ the importance of protecting new workers,
■ job-related risk factors for heat illness,
■ fluid replacement guidelines and appropriate work/rest cycles and
■ the importance of taking rest breaks in shaded and cool areas.
To accomplish this training, OSHA provides a free lesson plan for employers online.
OSHA recommends that employers provide cool water onsite and additional fluids that contain electrolytes for shifts exceeding two hours. Employees should be encouraged to drink 8 ounces of water every 20 minutes while working outdoors in the heat. Two of the best ways to ensure workers comply with this guideline are:
1. implementing uniform, site-wide water breaks and
2. making hydration convenient by providing water in a location that is near the work, easy to access and of sufficient quantity.
Employees working in warm climates should also
be required to take breaks. The length and frequency of breaks increases with the amount of heat stress. Factors influencing this decision include the amount of environmental heat, the level of physical activity required for the work and the individual employee’s personal risk factors. For example, work/rest schedules are often based on 1-hour cycles calling for 15-minute rest periods every hour. However, 45 minutes per hour may be more appropriate when temperature and humidity are extreme. Individual requirements will vary greatly, so each employer should use OSHA’s planning references to determine their requirements.
Breaks should occur in shady areas and, ideally, ones which are cooler than the outdoor working environment. For example, break areas could include air-conditioned vehicles, nearby buildings or tents or areas with fans and misting devices.
Many cities and counties in Florida have enacted mandatory mask rules. It should be noted that cloth masks are not the same as N95 masks or other forms of PPE such as respirators. However, many crew members continue to wear masks when more robust
PPE is not required. Mandatory mask rules are useful for stopping the transmission of COVID-19. However, a crew leader should be mindful of the ambient heat created by wearing masks and enforce mandatory water breaks to ensure that overheating does not occur. In addition, many crews have eliminated communal water stations and moved to water bottles. Again, it is imperative that your crew remain hydrated and are forced to take water breaks. Always defer to both CDC and OSHA guidelines when it comes to safety.
Please stay safe – heat exposure is a known killer in our industry. Navigating COVID restrictions in addition to normal safety requirements can be difficult, but train, educate and enforce hydration and safety during the summer heat.
Authors Note: The information contained in this article is for general educational information only. This information does not constitute legal advice nor should it be relied upon as legal advice for your specific factual pattern or situation.
Trent Cotney, CEO of Cotney Construction Law is an advocate for the roofing industry, Board Certified in Construction Law in Florida and General Counsel of FRSA. For more information, contact the author at 866-303-5868 or go to www.cotneycl.com.