On Safety: OSHA’s NEP on outdoor, indoor heat hazards

On April 8, OSHA launched its long-awaited National Emphasis Program on outdoor and indoor heat hazards. A compliance directive (OSHA Instruction CPL 03-00-0240) describes agency policies and procedures related to the NEP. The program targets specific industries that OSHA considers to have the highest exposure potential to heat-related hazards and resulting illnesses and deaths.

Most new OSHA enforcement programs provide for a 90-day period during which the agency provides compliance assistance and outreach before actually inspecting and assessing citations and penalties. However, this NEP – because of the extended outreach already provided by OSHA – went into effect immediately.

State Plans are expected to adopt the NEP so that their standards remain at least as effective as federal OSHA’s standards. State Plans must, within 60 days of the effective date of the instruction, submit a notice of intent indicating whether they already have a similar policy in place, intend to adopt new policies and procedures, or don’t intend to adopt the instruction.

Which industries and worksites will be targeted?

Three tables in Appendix A of the NEP are key in determining whether your industry is on OSHA’s inspection targeting list.

Table 1 (non-construction) will be used to create a master list of targeted establishments within the North American Industrial Classification System. Table 2 lists construction industries that are likely to have heat-related hazards. Table 3 lists non-construction industries with a history of heat-related incidents that are not in Tables 1 or 2.

Each OSHA area office will create a list of sites within its jurisdiction from Appendix A, Tables 1-3. That list then will be randomized, and jobsites to be inspected will be chosen from this list.

For establishments inspected under other targeting systems (such as Local Emphasis Programs) or under non-programmed inspections (fatalities, hospitalizations, complaints and referrals), and are on the inspection targeting list of the NEP, the scope of those inspections will be expanded to address the criteria under the NEP. Additionally, during any inspection in which a compliance officer determines that the potential for heat exposure exists, and that site isn’t part of the NEP inspection targeting list, the inspection will be expanded to address the potential for heat injuries.

What will inspectors look for?

Although OSHA doesn’t yet have a regulation/standard in place to cover worker exposure to heat, it does have the General Duty Clause – Section 5(a)(1) of the Occupational Safety and Health Act of 1970. Citations for heat exposure would be cited under this clause. Per the NEP, OSHA inspections will include:

• Reviewing OSHA 300 logs and 301 incident reports for any entries indicating heat-related illness(es).
• Reviewing any records of heat-related emergency room visits and/or ambulance transport, even if hospitalizations didn’t occur (this may require the use of a medical access order).
• Interviewing workers – including new employees and anyone who has recently returned to work – for symptoms of headache, dizziness, fainting, dehydration or other conditions that may indicate a heat-related illness.
• Determining if the employer has a heat illness and injury program that addresses heat exposure. OSHA will consider the following:
  • Is a written program in place?
  • How did the employer monitor ambient temperature(s) and levels of work exertion at the worksite?
  • Was there unlimited cool water that was easily accessible to the employees?
  • Did the employer require additional breaks for hydration?
  • Were there scheduled rest breaks?
  • Was there access to a shaded area?
  • Did the employer provide time for acclimatization of new and returning workers?
  • Was a “buddy” system in place on hot days?
  • Were administrative controls (earlier start times and employee/job rotation) used to limit heat exposures?
  • Did the employer provide training on the signs of heat illness, how to report signs and symptoms, first aid, how to contact emergency personnel, prevention, and the importance of hydration?
• Documenting conditions relevant to heat exposure, which includes:
  • The heat index and additional weather data from that day (examples: heat alerts from the National Weather Service, data from the OSHA-NIOSH Heat Safety Tool App, and a screenshot on a mobile phone or tablet. Additional information may be needed for indoor heat investigations.)
  • Observing and documenting current conditions and those at the time the incident occurred (for unprogrammed inspections), including:
    • Observed wind speed
    • Relative humidity
    • Dry-bulb temperature at the workplace and in the shaded rest area
    • Wet-bulb globe temperature at the workplace (ensure equipment has been properly calibrated before use)
    • Cloud cover (no clouds, 25%, 50%, 75%, 100%)
    • The existence of any heat advisories, warnings or alerts the previous days
• Identifying activities relevant to heat-related hazards. These can include:
  • Potential sources of heat-related illnesses (examples: working in direct sunlight; a hot vehicle; or areas with hot air or near a gas engine, furnace, boiler or steam lines)
  • The use of heavy or bulky clothing or equipment, including personal protective equipment
  • Estimated workload exertions, which can be determined by observing the types of job tasks performed and whether those activities can be categorized as moderate, heavy or very heavy work, while considering average workload and peak workload
  • Duration of exposure during which a worker is continuously or repeatedly performing moderate to strenuous activities

OSHA notes that not all industries covered by the NEP are required to maintain OSHA records. Compliance officers should check to see whether the industry of the establishment being inspected is in Appendix A to subpart B of Part 1904. If the establishment is exempt from maintaining OSHA records, either because of its size (per 1904.1) or industry classification (per 1904.2), it can’t be cited for failing to record an injury or illness.