AstemPerAturesrise , sodoHeAt-reLAtediLLnesseslabor & Employment law Section Chairs : AmandaBiondolino – SassLawFirm & LaKishaKinsey-Sallis – Fisher & PhillipsLLP
failuretoprotectemployeesfromthe heatisnotonlybadbusiness , butit canalsoresultinosHAcitationsand costlypenaltiesforemployers .
It comes as no surprise to anyone who has stepped outside recently that it is hot out there — record breaking temperatures kind of hot . Unfortunately , Tampa Bay has been experiencing an increase in the number of days per year where it is hotter than 90 degrees . In 1980 , there were only 78 days , while in 2022 , that number increased to 126 days . 1 As of July 1 , the number of days over 90 degrees this year is 41 !
This increase in temperatures , both locally and around the country , has caught the attention of the Occupational Safety and Health Administration ( OSHA ). The U . S . Department of Labor ’ s Bureau of Labor Statistics ( BLS ) reports that there was an average of 35 heat-related fatalities per year between 2015 and 2019 , and 2,700 cases that resulted in days away from work , although those numbers are likely underreported . 2 While workers in agriculture and construction are at the highest risk , indoor workers without adequate climate-controlled environments are also affected . On April 8 , 2022 , OSHA launched its National Emphasis Program ( NEP ) directed at outdoor and indoor heat-related hazards . The Program will remain in effect for three years unless canceled or extended .
The NEP targets over 70 high-risk industries based on BLS
statistics , heat-related fatalities and hospitalizations , and highest number of heat-related violations and inspections . What may come to a surprise to employers is that some of the industries being targeted including automobile dealers , office administrative services , facilities support services , educational support services , bakeries , restaurants , and investigation and security services . Additionally , the NEP gives OSHA the ability to launch heat-related inspection on worksites before workers suffer any injuries . In fact , OSHA Area Offices have been monitoring National Weather Service heat warnings or advisories for the local area and targeting employers for heat inspections on those days .
The NEP is meant to encourage employers to protect workers from heat hazards by doing the following : providing access to shade , water , and frequent breaks ; acclimatizing workers ; monitoring the weather ; monitoring employees ; providing training to supervisors on signs of heat illness ; and creating a “ buddy ” system for at-risk employees . Employers should periodically conduct a job hazard analysis to determine the potential exposures to heat illness at its establishment and then implement a heat illness and injury prevention plan . Additionally , employers can place themselves in
a position to defend a general duty clause citation by implementing a written Heat Illness Prevention Plan . The Plan must be written and should aim to ensure new workers or those returning from a break are acclimatized and it should include monitoring of temperatures and levels of work exertion ; a means to provide access to cool water to employees and ensure workers are hydrated ; plans for rest breaks ; and access to shade .
Failure to protect employees from the heat is not only bad business , but it can also result in OSHA citations and costly penalties for employers . n
1
“ Number of Days of 90 ° F in Tampa by Year .” Extreme Weather Watch , https :// www . extremeweatherwatch . com / cities / tampa / yearly-days-of-90- degrees . Accessed July 14 , 2023 .
2
Birkholtz , Stephany . “ What Companies Need to Know About OSHA ’ s New Heat Illness .” Occupational Health & Safety , June 30 , 2022 . https :// ohsonline . com / Articles / 022 / 06 / 30 / What-Companies- Need . aspx ? m = 1 & Page = 1 .
Author : Amy K . Recla – Jackson Lewis P . C .
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