SAFETY UPDATE
the concern for heat illness is not temperature 
or the heat index alone. OSHA expects you, as 
an employer, to consider the work effort (labor) 
expended by your employees and how that 
coupled with the heat index creates a significant 
safety hazard.
3.	 Were there sufficient amounts of cool water easily 
accessible to employees on the job site? Did the 
employer allow additional breaks for hydration, 
and were there scheduled rest breaks? The 
question to be answered is whether you have 
communicated to your employees that they can 
take breaks as needed (in addition to scheduled 
breaks) to hydrate. Also, have you established a 
schedule of rest breaks corresponding with your 
conclusions drawn for your efforts in paragraph 2, 
above?
4.	 The compliance officer is to question whether 
there was access to a shaded area. While there 
were no further details provided in the OSHA 
Instruction, I remind you that when selecting a 
shaded area, you should always consider the 
possibility and amount of radiant heat that will 
impact the effectiveness of shade.
5.	 Compliance officers are also asked to ensure the 
employer provided an acclimatization schedule for 
new and returning workers.
6.	 Another question to be answered is whether the 
employer applied administrative controls such 
as using earlier start times and adjusting the 
workload to limit heat exposure. 
7.	 Compliance officers also determine whether the 
employees and supervisors understand the heat 
illness prevention program.
8.	 They will need to determine whether the employer 
provided training on heat illness signs; how to 
report signs and symptoms; first-aid; how to 
contact emergency personnel; prevention and the 
importance of hydration to employees.
9.	 Finally, a new requirement (expectation) by 
OSHA, is whether the company’s heat program 
is properly implemented by a “designated heat 
safety representative.”
The new Instruction also provides citation 
guidance. The compliance officer is reminded that 
any citations issued will be General Duty Clause 
violations. This is not good news for employers as 
Area Directors will not usually reclassify a General 
Duty citation to OTS. This leaves you with two options 
– accept the citation and try to lower the penalty or 
file a Notice of Contest and place the citation before 
the Review Commission.
In addition, compliance officers are reminded that 
several other OSHA standards may also be applicable 
to address worker protection in hot environments. 
These include, but are not limited to:
The Recordkeeping Standard at 29 CFR 1904.7(b)
(5) which requires recording of any injuries, which 
require treatment beyond first aid. The CSHO is the 
recordkeeping requirement that extends to keeping 
record if an employee faints, becomes unconscious, 
or requires the use of oxygen.
The sanitation standards, found at 1910.141 for 
General Industry and 1926.51 for Construction, 
requires employers to provide cool potable water.
Finally, two standards often overlooked by 
employers, but which have a direct impact in this 
situation, are 29 CFR 1926.20 and 29 CFR 1926.21. 
Among other points, I remind you that these 
standards cover the requirements for competent 
person(s) to make frequent visits to job sites, and the 
requirements for employers to train employees in the 
identification and prevention of unsafe conditions.
The Instructions also remind compliance officers 
citations should be expedited so that proposed 
abatement measures may be implemented earlier to 
protect employees.
However you want to view it, this new NEP for 
heat illness prevention should remind all employers 
of the significant hazard of heat illness, and the fact 
that OSHA, in spite of the fact it has not issued a final 
rule, is taking the hazard very seriously.
www.mrca.org  —  Midwest Roofer
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