Responding Lexi Hagler, product manager, heat stress mitigation, Ergodyne, St. Paul, MN.
The biggest takeaway from the update seems to be a shift to enforcement from awareness and data collection. It really formalizes the “how” and “when” for inspectors in a way that provides a possible preview of what a federal heat standard might eventually look like. By adding Appendix I: Evaluation of a Heat Program and Appendix J: Citation Guide to the national emphasis program, inspectors have the tools to move to enforcement from observation much faster.
Appendix I is an 11-item checklist that lays out exactly what officers will be looking for to determine if a program effectively satisfies requirements. Appendix J gives more definition around what constitutes a heat hazard, along with guidance for building a case under the General Duty Clause. And as helpful as these appendices are for enforcement, they’re equally helpful for employers. It basically turns compliance into an open-book test. It’s all there in black and white. Mirroring the structure of your heat safety program to Appendix I and familiarizing yourself with how officers are being instructed to issue citations (Appendix J) are your best bets for building a defensible program and ensuring a clean audit when that knock on your doors comes.
The good news is responsible employers are likely doing most of what’s needed to satisfy the mandate already under the banner of “water, rest, shade,” but the NEP provides important details within that long-standing and general guidance that demand special attention from employers.
Things such as:
Heat index monitoring: Notice we’re not saying “temperature.” Inspectors are directed to inquire about heat safety programs during any inspection (even unrelated ones) if the heat index is 80° F or higher. Heat index combines relative humidity and temperature. The NEP calls out the OSHA-NIOSH Heat Safety Tool App as an acceptable way to track and log heat index. Download the app and document your index readings.
Acclimatization: This means gradually increasing workloads, incorporating more frequent breaks, and closely monitoring new and returning workers who have been away for an extended period of time. This is specifically called out in Appendix I, so don’t just do it – document it. If a worker is ramping up over a week or two, make sure that schedule is written down. OSHA references the American Conference of Governmental Industrial Hygienists as a trusted source for best practices in this area.
Training: Appendix I requires employers to provide training on heat illness signs, how to report signs and symptoms, first aid, how to contact emergency personnel, and prevention measures. They also require the designation of a heat safety representative charged with implementing and managing all aspects of a heat safety program.
It’s also important to make sure your efforts are as visible as possible. Optics matter. At this point, any compliance safety and health officer driving down the road on a heat priority day (when the heat index is 80° F or above) can pull up on your worksite and initiate an audit if they see a crew working with no shade or water stations in plain view.
The message from OSHA is clear: If heat safety programs weren’t already being treated like a documented, enforceable process, they should be now.
