With the western United States experiencing an unprecedented heat wave and the mild summer temperatures in Texas coming to an end, the construction industry is particularly at risk for heat-related injuries.  What standards does the Occupational Safety and Health Administration (OSHA) issue for working in hot environments?  The simple answer is, none. But the Occupational Safety and Health Act (OSH Act) imposes a duty on employers to protect workers from recognized serious hazards in the workplace.  Heat-related hazards are one such hazard.

OSHA Classifications

Although OSHA does not have any standards regarding working in hot weather environments, it has issued detailed guidance for employers on how to prevent hear-related injuries and hazards.  The guidelines use a graduated approach to recommended protective measures, with the heat index dictating whether basic or aggressive measures are warranted.  The heat index takes relative humidity into account in determine “how it really feels” versus what the thermometer reads.   For instance, in the typical Gulf Coat summer pattern, 90°F and 90% relative humidity yields a heat index of 122°F.  Increase the temperature to 92°F and keep the relative humidity at 90% and the heat index increases to 131°F.

OSHA has broken down the risk level associated with heat related hazards into 4 heat-index bands.

Since the heat index in all of Texas for most summers and in most of Western United States this particular summer are in the Very High to Extreme Risk Level, we will focus our attention on that Level.

Guidelines for Very High to Extreme Risk

OSHA recommends employers develop and implement an illness prevention plan and train workers on the plan before the exposing them to a hot weather worksite.  For Very High/Extreme Risk Level, OSHA recommends including the following items in the plan:

• Each day, workers be alerted of the heat index and review signs and symptoms of heat-related illness.
• Employers prioritize essential work tasks carefully and not conduct strenuous work tasks or tasks requiring the use of heavy or non-breathable clothing when the heat index is at or exceeds 115°F.
• Employers adjust work schedules to allow heavier or non-essential tasks to be performed at a time during the day when the heat index is lower, set up split shifts or night shifts, set up canopies over work areas, and increase the frequency and amount of rest time.
• Employers stop work when the risk of heat illness is very high.
• Employers provide cool drinking water in disposable cups and workers be encouraged to drink about 4 cups of water for every hour they are working in the very high/extreme risk climate.
• Employers respond to heat-related illnesses without delay. Quick access (3-4 minutes) to emergency medical services or trained personnel on-site to administer first aid are recommended.
• Workers be given frequent and consistent work breaks in cool and/or shaded areas.
• Employers acclimate workers to hot weather sites by gradually increasing the amount of time they spend at the work site.
• Both supervisors and co-employees keep a watchful eye for signs or symptoms of heat-related illness in employees.
• For workers wearing heavy or non-breathable clothing, additional measures may be warranted.

Even though OSHA does not issue standards for hot-weather work, its guidance documents provide a nice blueprint for best practices for protecting workers from serious workplace hazards.  On its website, OSHA supplies numerous training materials and checklists to assist employers in implementing its guidance.

When developing an illness prevention plan, it is always prudent to consult with your human resources and safety directors as well as with in-house or outside counsel. The attorneys in our Austin and Dallas offices are available to answer any construction or employment related questions you may have.

Legal Disclaimers

This blog is made available by Gerstle Snelson, LLP for educational purposes and to provide general information about the law, only.  Neither this document nor the information contained in it is intended to constitute legal advice on any specific matter or of a general nature.  Use of the blog does not create an attorney-client relationship with Gerstle Snelson, LLP where one does not already exist with the firm.  This blog should not be used a substitute for competent legal advice from a licensed attorney.

©Gerstle Snelson, LLP 2021.  All rights reserved.  Any authorized reprint or use of this material is prohibited.  No part of this blog may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system without the express written permission of Gerstle Snelson, LLP.