b'Garys CornerCOVID-19 to be an NEP, President Biden appointedyour OSHA 300 log under the OSHA recordkeeping Doug Parker, to head OSHA. Mr. Parker was, atrequirements found in 29 CFR 1904. The same is the time of his appointment, the head of Cal OSHA.not true if you only encourage employees to get the IhavereadseveralshortcommentariesonMr.vaccine, as long as employees who chose not to get Parkers appointment, a few of which have beenit suffer no adverse consequences because of their titled There is a New Sheriff in Town.I think some ofrefusal to be vaccinated. I believe this will be true, these sentiments have arisen because of Cal OSHAseven if you take steps to make it easy for employees safety enforcement reputation. Cal OSHA also has ato get the vaccine.very broad standard on heat illness prevention and an Emergency Temporary Standard on COVID-19. IDO NOT forget that believe there is a belief that with Mr. Parker becoming the Administrator of OSHA that we are going to seeYOUarealways some new standard development (especially forresponsiblefor COVID-19 and heat illness prevention); as well as an increase in enforcement inspections. thesafetyandhealthof your employees while they Interestingly, shortly after the announcement of Mr. Parkers appointment, which at the time of writingare working for you. this article was still awaiting Senate confirmation, anEmergencyTemporaryStandard(ETS)wasWith everything that is going on with regards drafted, which has already been sent to the Officeto COVID-19, we may lose sight of the fact that of Management and the Budget for approval. Anthere are many other obligations employers have ETS does not proceed through the same rule makingto protect the safety and health of their employees. process as does a non-emergency standard. ThereDO NOT forget that YOU are always responsible for are more stringent criteria for such a standard, and Ithe safety and health of your employees while they question whether COVID-19 can meet that test? Anare working for you. While you cannot ignore your ETS takes effect immediately until it is superseded byresponsibility for all applicable safety compliance a permanent standard. To promulgate an ETS OSHAsuch as fall protection and PPE, as we head into must determine that workers are in grave danger duesummerandwarmerweather,youneedtobe to exposure to toxic substances or agents determineddusting off your heat illness prevention program. to be toxic or physically harmful. The concept is thatRetrain your supervisors and your crews on what they an ETS is needed to adequately protect the workers. Ineed to do to protect themselves from the dangers think that an ETS would have met these requirementsof working in a high heat index environment. As I a year ago, but now, with effective vaccines availablehave reviewed the heat illness protection programs to just about everyone, I am not sure that an ETS canof several construction industry employers, I have be justified. Still, I think that after having not donefrequently felt that more than half of them do not much of anything definite for over a year, OSHA willunderstand what they need to do to protect their move forward on the ETS. Usually, the ETS is usedemployees from heat illnesses. Employers need to as a model for a permanent standard, which shouldcomply with what OSHA believes are their obligations be adopted within six months after the effective dateunder the General Duty Clause. OSHA has identified of the ETS. An ETS is subject to challenge in anfive feasible steps to protect employees by adopting appropriate Federal Court of Appeals. a NIOSH (National Institute for Occupational Safety RecentlyOSHAhasbeenaddressingand Health) Criteria Document of several years ago. recordkeepingrequirementsforanyemployeesThose five steps are:who receive adverse side effects from receiving the1.Provide for acclimatization of employees new COVID-19 vaccine. I feel that the simplest way to lookto working in a high heat index environment (or at recordability is to distinguish between a vaccinationto your company) or who are returning to such mandated by the employer and one that was onlyan environment after a period of time away from encouraged by the employer. Clearly, if you requiresuch an environment.your employees to be vaccinated you will have to2.Establish a work/rest regimen (based to the heat record any side effects that qualify for inclusion onContinued on page 18www.mrca.orgMidwest Roofer 17'