S A F E T Y S P OT L I G H T
Comply with NEP Tips to Keep Workers Cool, Safe and Your Company in Compliance BY SANDY LENDER
Steve Schayer of OSHA shared that the agency hasn’t set a date for publishing the federal standard on heat-illness prevention.
ESTABLISH HEAT PROGRAM
Effective April 8, 2022, the NEP created “a nationwide enforcement mechanism for OSHA to proactively inspect workplaces for heat-related hazards in general industry, maritime, construction, or agriculture operations alleging hazardous exposures to heat (outdoors and/or indoors),” according to an agency fact sheet. “This means that OSHA can now launch heat-related inspections on high-risk worksites before workers suffer preventable injuries, illnesses, or fatalities.” If that list of industries looks wide of scope, it is. But it does target roadbuilding. During an online “Stakeholder Meeting on OSHA Initiatives to Protect Workers from Heat-Related Hazards” May 3, OSHA Presenter Jennifer Kim showed the three tables of high heat hazard industries identified in its NEP Appendix A. Table 2—Examples of construction industries, includes “Highway, Street, and Bridge Construction” and “Other Heavy and Civil Engineering Construction.” There are at least 70 industries targeted by OSHA for inspections and citations, and the words “target” and “targeted” have been used multiple times when discussing how OSHA inspectors and the NEP will approach employers or companies. “The NEP encourages employers to protect workers from heat hazards by providing employee access to water, rest, shade, adequate training, and implementing acclimatization procedures for new or returning employees. It contains both enforcement and outreach/compliance assistance components.” 8 | JUNE 2022
Outdoor and indoor heat exposure can be dangerous.
Ways to Protect Yourself and Others Ease into Work. Nearly 3 out of 4 fatalities from heat illness happen during the first week of work. 100% 20% MON TUE WED THU FRI
New and returning workers need to build tolerance to heat (acclimatize) and take frequent breaks. Follow the 20% Rule. On the first day, work no more than 20% of the shift’s duration at full intensity in the heat. Increase the duration of time at full intensity by no more than 20% a day until workers are used to working in the heat.
Drink Cool Water Drink cool water even if you are not thirsty — at least 1 cup every 20 minutes.
Dress for the Heat Wear a hat and light-colored, loose-fitting, and breathable clothing if possible.
Take Rest Breaks Take enough time to recover from heat given the temperature, humidity, and conditions.
Watch Out for Each Other Monitor yourself and others for signs of heat illness.
Find Shade or a Cool Area Take breaks in a designated shady or cool location.
If Wearing a Face Covering Change your face covering if it gets wet or soiled. Verbally check on others frequently.
First Aid for Heat Illness The following are signs of a medical emergency! ?
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Abnormal thinking or behavior Slurred speech Seizures
9-1-1
Loss of consciousness
1
CALL 911 IMMEDIATELY
2
COOL THE WORKER RIGHT AWAY WITH WATER OR ICE
3
STAY WITH THE WORKER UNTIL HELP ARRIVES
Watch for any other signs of heat illness and act quickly. When in doubt, call 911. If a worker experiences:
Take these actions:
Headache or nausea
Give water to drink
Weakness or dizziness
Remove unnecessary clothing
Heavy sweating or hot, dry skin
Move to a cooler area
Elevated body temperature
Cool with water, ice, or a fan
Thirst Decreased urine output
Do not leave alone Seek medical care if needed For more information: 1-800-321-OSHA (6742) TTY 1-877-889-5627 www.osha.gov/heat Federal law entitles you to a safe workplace. You have the right to speak up about hazards without fear of retaliation. See www.osha.gov/workers for information about how to file a confidential complaint with OSHA and ask for an inspection.
OSHA 3431-05R 2021
T
he Occupational Health and Safety Administration’s (OSHA) National Emphasis Program (NEP) on heat illness prevention— while functioning as a placeholder while the agency works toward a federal standard for protecting workers from heat-related hazards—has been a long time coming. The October 2019 issue of AsphaltPro reported a representative from California had introduced legislation (H.R. 3668) July 10 that year directing the organization to issue a national standard to protect workers from heat-related injuries and illnesses. But the standard had been set with the National Institute for Occupational Safety and Health (NIOSH) issuing criteria for it in 1972—and updating those criteria in 1986 and 2016. Even the branches of the U.S. Armed Forces and multiple states have established their own heat prevention guidelines or standards. You’ll see that in 2019, sources were reporting that “18 of the 19 hottest years on record had taken place since 2001.” Combine that statistic with an increase in heat-related worker deaths across industries, yet a low incident of heat-related citations per year from OSHA (the average nationwide between 2013 and 2017 was 28), and groups petitioned for action.
The revamped “yellow poster” from OSHA was released in 2021 and is available in English and Spanish. Access it—and additional heatillness-prevention materials—at this link: https:// www.osha.gov/ publications/ bytopic/heat-illnessprevention
Prevent Heat Illness at Work
Even if the “inspection and citation” of enforcement weren’t the actions all industry groups were looking for, the NEP comes with assistance, too, for the purpose of immediately improving enforcement and compliance efforts while the Department of Labor continues long-term work to establish a federal heat-illness prevention rule. To offer comment on the rule, visit www.regulations.gov and submit comments to the docket number OSHA-2022-0006 by Aug. 1. So far, the assistance from OSHA on NEP looks like this: • Proactive outreach and technical assistance on high heat index days; • Outreach to unions, employers, and other organizations to advance protections for underserved workers; and • Assisting employers in developing strategic approaches for addressing heat-related illnesses and injuries via the agency’s free and confidential on-site consultation program for small- and medium-sized businesses (read more about the program in “OSHA’s On-site Consultation Program, Explained” at TheAsphaltPro.com). During the stakeholder meeting, attendees heard OSHA’s Chrissy Morgan further discuss the assistance OSHA can offer. She listed the compliance assistance specialists (CASs) as a group of workers based in OSHA’s regional and area offices across the United States who are tasked with helping in compliance assistance activities. Employers and employees are welcome to find the CAS near you via osha.gov/complianceassistance/cas. Morgan also pointed out the labor liaisons, located in OSHA regional offices, as resources to help with creating or energizing safety programs. Find a regional office near you at osha.gov/workers/liaisons. If you’re seeking assistance for safety training, OSHA has a site for that at osha. gov/training. OSHA’s Jennifer Kim shared during the stakeholder meeting that the NEP has three main goals.
