Heat-related injury and illness have been consistently among the top five issues that the Occupational Safety and Health Administration (OSHA) has cited businesses for nationwide. With such a vast number of requirements of heat illness and injury prevention laws, it is never too early to understand the processes you need to have in place to ensure that you are providing a safe working environment for your employees as well as protecting your business from any inspection by state or federal agencies. Late last year, OSHA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. This standard would require employers to create a plan to evaluate and control heat hazards in their workplace and train their employees on these concepts. The public comment period closed in January. This follows in the footsteps of several other states that have adopted their own standards. Additionally, OSHA launched the National Emphasis Program (NEP) in 2022, which expanded its ongoing initiative to protect employees from heat-related hazards in both indoor and outdoor workplace settings by stepping up enforcement and providing compliance assistance and outreach efforts. The NEP is part of the broader Department of Labor response to President Biden’s Executive Order “Tackling the Climate Crisis at Home and Abroad.” Absent specific regulations, OSHA has consistently relied on the authority granted to it by Section 5 of the OSHA Act, also known as the General Duty Clause, and has leaned on this authority to penalize businesses for workplace heat-related injuries and deaths. The following requirements for general industry (i.e., dealers) apply to all states. Meaning you only have a few months to develop and implement a heat illness prevention program if you do not currently have one. Any additional emphasis by various states will be identified accordingly. HEAT ILLNESS PREVENTION PROGRAM A written heat illness prevention program must be established that details specific procedures for monitoring and responding to heat hazards. This plan must address how supervisors will monitor ambient temperatures, assess worker exertion levels and implement appropriate controls. The program must be readily available to employees and regularly updated to reflect changing workplace conditions. WATER PROVISION Employers must provide fresh, cool drinking water in sufficient quantities (at least 1 quart per employee per hour) that is easily accessible throughout the work shift. The water must be located close to the work area and maintained at a temperature that encourages regular consumption. Workers should be encouraged by the employer to drink water frequently, approximately every 15-20 minutes, even if they don’t feel thirsty. REST AND SHADE Accessible shaded or air-conditioned rest areas must be provided where employees can cool down during breaks. Rest breaks are scheduled based on temperature, workload and worker acclimatization, with increased frequency during extreme heat. Shade structures must be large enough to accommodate all employees on break. California Requirements Businesses must designate a “cool-down area” (i.e., an area that is blocked from direct sunlight and shielded from other high radiant heat sources and is either open to the air or provided with ventilation or cooling) that is located as 25 THE GENERATOR
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