8 things to know about OSHA’s proposed heat rule

"Heat is a leading cause of death among all weather-related phenomena in the United States. And it’s a serious occupational hazard for many workers, both indoors and out. That’s why the Occupational Safety and Health Administration has proposed a new standard that would protect approximately 36 million workers from heat hazards.

We’ve gotten a lot of questions about the proposed rule. Here are answers to some of those FAQs – but remember, this is a proposed rule and it is subject to change based on input from the public:

1. What workers would be covered?

Anyone working outdoors or indoors in general industry, construction, maritime and agricultural sectors where OSHA has jurisdiction. That includes many occupations where we know workers are at high risk of heat hazards, such as farmworkers, restaurant workers, construction workers, delivery drivers and many more. In states with their own State Plans, OSHA monitors those plans – and they must be at least as effective in protecting workers and in preventing work-related injuries, illnesses and deaths.

2. Who isn’t covered?

People who telework; those who perform work with no reasonable expectation of exposure to a heat index at or above 80°F (indoors or outdoors); those whose work is performed in indoor work areas or vehicles where air conditioning consistently keeps the temperature below 80 °F; people doing emergency response work; those doing indoor sedentary activities, such as sitting at a desk; and workers who may be exposed to a heat index at or above 80°F for a short time (15 minutes or less in any 60-minute period)..."
OSHA's proposed heat rule 

US Department of Labor issues emergency temporary standard to protect workers from coronavirus

"The U.S. Department of Labor's Occupational Safety and Health Administration today announced a new emergency temporary standard to protect more than 84 million workers from the spread of the coronavirus on the job. The nation's unvaccinated workers face grave danger from workplace exposure to coronavirus, and immediate action is necessary to protect them.

Under this standard, covered employers must develop, implement and enforce a mandatory COVID-19 vaccination policy, unless they adopt a policy requiring employees to choose to either be vaccinated or undergo regular COVID-19 testing and wear a face covering at work.

Since 2020, the coronavirus has led to the deaths of 750,000 people in the U.S., and the infection of millions more, making it the deadliest pandemic in the nation's history. Many of the people killed and infected by this virus were workers whose primary exposures occurred at their jobs. OSHA estimates that this rule will save thousands of lives and prevent more than 250,000 hospitalizations due to workplace exposure to COVID-19 over the course of the ETS.

“COVID-19 has had a devastating impact on workers, and we continue to see dangerous levels of cases,” said U.S. Labor Secretary Marty Walsh. “We must take action to implement this emergency temporary standard to contain the virus and protect people in the workplace against the grave danger of COVID-19. Many businesses understand the benefits of having their workers vaccinated against COVID-19, and we expect many will be pleased to see this OSHA rule go into effect.”

The emergency temporary standard covers employers with 100 or more employees – firm or company-wide – and provides options for compliance. The ETS also requires employers to provide paid time to workers to get vaccinated and to allow for paid leave to recover from any side effects.

The ETS also requires employers to do the following:

• Determine the vaccination status of each employee, obtain acceptable proof of vaccination status from vaccinated employees and maintain records and a roster of each employee's vaccination status.
• Require employees to provide prompt notice when they test positive for COVID-19 or receive a COVID-19 diagnosis. Employers must then remove the employee from the workplace, regardless of vaccination status; employers must not allow them to return to work until they meet required criteria.

• Ensure each worker who is not fully vaccinated is tested for COVID-19 at least weekly (if the worker is in the workplace at least once a week) or within 7 days before returning to work (if the worker is away from the workplace for a week or longer).
• Ensure that, in most circumstances, each employee who has not been fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes.

The emergency temporary standard does not require employers to pay for testing. Employers may be required to pay for testing to comply with other laws, regulations, collective bargaining agreements, or other collectively negotiated agreements. Employers are also not required to pay for face coverings..."
Emergency temporary standard 

Speaking Up for Workers on National Whistleblower Appreciation Day

"Last summer, two truck drivers employed by an Oklahoma City roofing company shared a serious safety concern with their manager: They reported that the tires on the company truck they were driving were damaged, and that they were concerned not only about their own safety, but also the safety of others on the road. Until the issue was addressed, they weren't comfortable driving the vehicle. The employer’s response? Firing both drivers. 

The whistleblower division of the U.S. Department of Labor’s Occupational Safety and Health Administration investigated and found that the employer violated the Surface Transportation Assistance Act, one of more than 20 whistleblower statutes we enforce. We ordered the company to reinstate both drivers, and to pay them more than $23,000 in back wages and $70,000 in punitive damages. The company is also required to train managers and employees on workers’ rights under the STAA to help prevent any future illegal retaliation against employees. 

Under federal law, workers have the right to raise concerns if they believe their rights are being violated in the workplace.  

Similarly, the statute enforced by the department’s Mine Safety and Health Administration provides strong protections for miners. Under the Federal Mine Safety and Health Act of 1977, miners have the right to report hazardous conditions and can refuse to work in unsafe conditions. Miners may not be fired, demoted, harassed, intimidated, transferred, refused employment, discriminated against or suffer any loss of wages for exercising their rights under the Mine Act. These are critical protections that allow miners to actively participate in the safety of their workplace, and MSHA takes enforcement of hazard and discrimination complaints seriously. 

And similar rights apply to pay concerns, too – If employers don’t pay workers all the wages they’ve earned, they can speak up without fear of retaliation. The department’s Wage and Hour Division enforces laws on the federal minimum wage, overtime pay, recordkeeping and child labor requirements, as well as laws about working conditions and payment for agricultural and migrant workers. The division protects workers subject to wage garnishment, too. Any worker protected by any of the laws that the division enforces is protected by their anti-retaliation provisions. View our online resources to determine whether a particular law applies. We enforce the law regardless of a worker’s immigration status, and can communicate with workers in more than 200 languages..."
Whistleblower 

Best Practices on Preventing Heat Illness at Work

"With temperatures rising as we head into the summer months, so does the risk of heat hazards. In 2019, exposure to heat led to 43 work-related deaths and 2,410 injuries and illnesses, according to the U.S. Bureau of Labor Statistics. The Occupational Safety and Health Administration has resources to help employers and workers beat the heat and stay healthy and safe.

Here are some practices to remember as you prepare for the summer heat:

1. Train all workers.

Employers should train supervisors and workers on how to control and recognize heat hazards. Workers should also know about first aid for heat illness. Training should always be conducted in a language workers understand.

2. Follow the 20% rule.

On a worker’s first day, no more than 20 percent of the duration of their shift should be at full intensity in the heat. The duration of time at full intensity should be increased by no more than 20 percent a day until workers are used to working in the heat.

3. Remember these three words: “Water. Rest. Shade.”

Workers should drink one cup of water every 20 minutes while working in the heat to stay hydrated. When the temperature is high, employers should make sure workers take frequent rest breaks in shaded, cool or air-conditioned areas to recover from the heat.

4. Workers new to the job are at higher risk.

Workers who are new or returning to working in warm or hot environments need more time to adapt. More than 75 percent of heat-related fatalities occur during a worker’s first week, which is why “acclimatization” – the process of building resistance to increased temperatures – is so important. Learn how to protect new workers from heat-related illness and monitor them until they are acclimatized.

5. Hazardous heat exposure can happen indoors or outdoors.

Though heat stress is typically related to outdoor work environments, and construction workers account for about one-third of heat-related deaths, workers in hot indoor environments like kitchens, laundries, warehouses and electrical utilities are also at risk.

6. Engineering controls and modified work practices can reduce the risk of heat illness.

Consider reducing physical activity as much as possible by planning for the work ahead and rotating job functions among workers to help minimize exertion. Find more work practices here.

Learn more about OSHA’s campaign to prevent heat illness and find resources in English and Spanish on our website. Workers and employers who have questions or concerns about workplace safety can contact us online or by phone at 1-800-321-6742 (OSHA).."
Heat illness 

Eight Ways to Protect Meat Processing Workers from COVID-19

"Protecting the safety and health of essential workers who support America’s food security—including the meat, poultry, and pork processing industries—is a top priority for the Occupational Safety and Health Administration (OSHA).

OSHA and the Centers for Disease Control and Prevention issued additional guidance to reduce the risk of exposure to the coronavirus and keep workers safe and healthy in the meatpacking and meat processing industries —including those involved in beef, pork, and poultry operations.

This new guidance provides specific recommendations for employers to meet their obligations to protect workers in these facilities, where people normally work closely together and share workspaces and equipment.

Here are eight ways to help minimize meat processing workers’ exposure to the coronavirus:

• Screen workers before they enter the workplace.
• If a worker becomes sick, send them home and disinfect their workstation and any tools they used.
• Move workstations farther apart.
• Install partitions between workstations using strip curtains, plexiglass, or similar materials.
• To limit spread between groups, assign the same workers to the same shifts with the same coworkers.
• Prevent workers from using other workers’ equipment.
• Allow workers to wear face coverings when entering, inside, and exiting the facility.
• Encourage workers to report any safety and health concerns to their supervisors..."
  Meat processing workers

OSHA Occupational Chemical Database

"This chemical inventory is OSHA's premier one-stop shop for occupational chemical information. It compiles information from several government agencies and organizations. Information available on the pages includes:

• Chemical identification and physical properties
• Exposure limits
• Sampling information, and
• Additional resources.

OSHA Standards and Exposure Limits

Employers must comply with a number of standards where employees are potentially exposed to chemical hazards. These include OSHA's Permissible Exposure Limits PELs for about 400 substances, which can be found as follows:

• General Industry: 29 CFR 1910.1000, Toxic and Hazardous Substances
  • Air contaminants and Z1, Z2, Z3 tables
  • 29 CFR 1910.1001 - 29 CFR 1910.1018
  • 29 CFR 1910.1025- 29 CFR 1910.1053
• Construction: 29 CFR 1926.1101, Toxic and Hazardous Substances
  • 29 CFR 1926.1101 – 29 CFR 1926.1153
• Maritime: 29 CFR 1915.1000, Toxic and Hazardous Substances
  • Substance-specific standards

OSHA's PELs are included in the "Exposure Limits" table for individual chemicals in the database. In addition, OSHA has separate substance-specific standards, which can be found in the "Notes" section of the "Exposure Limits" table.

Other OSHA standards that generally apply to hazardous substances include the Hazard Communication standard (1910.1200) and the Respiratory Protection standard (1910.134). Employers may also need to provide personal protective clothing (1910.132) where there is a potential hazard from skin contact with chemicals, or eye and face protection to guard against chemical splashes (1910.133)..."
OSHA chemical database