The summer of 2019 was a hot one. Apart from a heatwave in Europe that broke all-time records, the East Coast also faced sweltering temperatures and significant heat-related setbacks.
As officials and experts collaborate on ways to improve infrastructure and respond to issues created by high temperatures, some lawmakers advocating for better standards to protect workers who may be subject to heat in the course of their work-related duties. That’s the premise behind a recently introduced bill that would implement a nationwide OSHA heat standard.
About the Proposed OSHA Heath Standard
H.R. 3668 – the Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2019 – was introduced by California rep. Judy Chu in honor of a California farmworker who died in 2014 from heatstroke after working in 100+ degree temperatures for 10 hours. If passed, the bill would create a standard for heat-related injuries and illnesses, and provide better protections for workers.
OSHA currently provides employer guidance on worker safety during high-heat workdays, and requires employers to provide adequate shade, rest, and water, as well as time for new workers to build tolerance to working in high temperatures. The proposed measure, however, looks to create a national standard for protecting all qualifying U.S. workers, much of which would be based on California’s Heat Illness Prevention standard.
Although it is still subject to amendment, the bill would take a number of steps to protect workers from heat-related injuries and illnesses.
For example, the measures aim to:
- Establish national limits for worker heat exposure;
- Implement employer monitoring requirements;
- Take NIOSH (National Institute for Occupational Safety and Health) criteria into consideration; and
- Enact other mandates designed to keep workers safe from heat-related risks, including requirements that employers provide enough water so that each employee can drink one quart per hour.
The Dangers of Working in the Heat
As noted by the bill’s author, excessive heat is responsible for more deaths in the U.S. than hurricanes, floods, tornadoes, and lightning combined. What’s more, workers who perform job duties in the heat are more likely to experience reduced mental and physical performance – a drawback that not only makes them more likely to be involved in a variety of workplace accidents – from construction accidents to work-related motor vehicle collisions – but also results in higher workers’ compensation costs and decreased productivity and income for bother employees and employers.
Risks for workplace injuries increase during months with longer and hotter days. Below are a few examples of heat-related injury risks:
- Heat stroke – Heat stroke is the most serious heat illness, according to the National Institute for Occupational Safety and Health (NIOSH), and it occurs when the body is no longer able to regulate its temperature. Dangerous body temperatures and rapid increases in body temperature can become medical emergencies when left unaddressed, and may pose risks of permanent disability or death. Common signs and symptoms include a lack of sweating, dry and reddish skin, rapid heart rate, chills, confusion, and slurred speech.
- Heat exhaustion – Heat exhaustion is another common heat illness experienced by workers. The body’s response to loss of water and salt, heat exhaustion is associated with symptoms of excessive sweating, fatigue, weakness, dizziness and confusion, headaches, fainting, clammy or flushed skin, and muscle cramping. Heat exhaustion can indicate higher risks for heat stroke, as well as accidents and injuries caused by fatigued and exhausted workers.
- Tool & equipment injuries – Risks for accidents involving tools and equipment used by workers can increase during summer months. For example, sweaty hands and slippery surfaces can prevent a worker from holding onto objects, using machinery safely, or being able to see clearly when safety goggles become wet or fogged. These and other factors can pose risks of falls, falling objects, and machinery accidents.
- Burn injuries – Hot tools, metals, and machinery left in the sun can be heated to dangerous temperatures, posing risks of serious burn injuries to workers who use them.
- Dangerous substances – In some cases, improper management of toxic materials subject to hotter temperatures and sun can pose risks of explosions, fires, and toxic exposure.
As a law firm that’s advocated for injured workers and families across New York City since 1983, The Perecman Firm, P.L.L.C. would like to stress the importance of staying safe when working in high temperatures. That means drinking enough water, taking sufficient breaks, and avoiding over-exertion by pacing yourself.
Employers are obligated by law to provide safe working conditions for their employees, and to take reasonable steps that address any potential hazards which may cause workers harm – including exposure to hot weather and the sun. In fact, OSHA emphasizes there are considerable and known risks associated with working in warmer weather, and notes employers are ultimately responsible for providing working conditions which address these hazards and which keep workers “safe from excessive heat.”
Unfortunately, employers and other negligent parties (contractors, product manufacturers, property owners, etc.) may fail to take the proper precautions to manage risks faced by workers performing job duties in the heat.
These failures may be the result of failing to provide adequate breaks or sufficient access to drinking water, failing to provide proper protective equipment, or failing to educate workers about the signs of heat illnesses, ways to prevent them, and policies for responding to symptoms.
This post was supplied by The Perecman Firm, P.L.L.C.
The New Hampshire Labor News is a group of NH Workers who believe that we need to protect ourselves against the attacks on workers. We are proud union members who are working to preserve the middle class. The NHLN talks mostly about news and politics from NH. We also talk about national issues that effect working men and women here in the Granite State.
