b'Garys CornerContinued from page 37has been successful in enforcing the General Duty Clause against employers for heat illness prevention in all but a few cases. While I feel that your first goal as an employer shouldbeprotectingyouremployees;litigation citations under the General Duty Clause can be very problematic. General Duty Clause citations are nonnegotiable with OSHA to any classification less than Serious. Therefore, if you are cited for a heat illness protection plan General Duty Clause violation, you will have to accept it and then hope to negotiate a lower dollar penalty. But if you do not want to have a serious citation on your record, you will have to enter into litigation with OSHA. This can be quite an expensive litigation. The obvious answer to this dilemma is to take heat illness seriously and either download the app on your smart phone (it is a very good idea to have all of your site supervisors have the app on their smart phones also) or comply with the five steps set out in the NIOSH Criteria Document for the prevention of heat illness. If you choose not to use the app you will have to use the NOAA heat index chart (Heat Forecast Tools (weather.gov)) and cross reference the temperature and humidity to get the heat index. You will find most of the requirements of the Criteria Document on the OSHA - NIOSH heat app, but below is a short summary of those requirements:1. Ensure that all employees new to a location with a high heat index are gradually exposed to full-duty at that location. This is called the acclimatization period and may last from 7 to 14 days, dependinggiven location. I suggest to all my clients that they on the employee and his/her physical condition.consult with their company physician to assist Even on a low-risk jobsite, the OSHA heat apptheminestablishinganappropriatework/rest recommendsacclimatizingnewandreturningregimen for the different heat index categories. workers. The app states that these individuals3. Establish a hydration schedule. If you look at any may be at high risk for heat-related illness, evenof the four risk categories on the heat illness app, at a lower heat index. you will note that they all indicate the necessity of 2.Establish a work/rest regimen for all work beingwater and shade. In fact, OSHA urges employees performed on the site with a high heat index. Ifto always consider water, rest and shade to protect you look at the OSHA - NIOSH heat app, you willemployees from heat illness. For example, OSHA see four categories of risk which require protectionsuggestsforthemoderateriskcategorythat for employees working in that environment. Theseemployers encourage employees to consume one categories range from low risk to extreme risk.eight- ounce cup of water every 15 to 20 minutes The app also has a category for minimal risk butif they are going to be working in the heat for less does not indicate that precautions are necessarythan 2 hours. OSHA also suggests that during for that category. Most employers vary their work/ prolonged sweating lasting several hours, that rest regimen based upon the heat index at anyContinued on page 4038 www.mrca.orgMidwest Roofer'