Outten & Golden: Empowering Employees in the Workplace

Posts Tagged ‘heat standard’

As the Planet Warms, Can OSHA Protect Workers From Extreme Heat?

Monday, July 23rd, 2018

On July 17, more than 130 groups and individuals petitioned the Occupational Safety and Health Administration (OSHA) in an attempt to establish a nationwide workplace heat standard. The petition cites data from the Bureau of Labor Statistics, which shows that at least 783 U.S. workers died as a result of extreme heat between 1992 and 2016, while at least 69,374 were seriously injured. Organized by the consumer and health advocacy group Public Citizen, the petition demonstrates how the climate change crisis will inevitably lead to more injuries and deaths, as it increases the amount of days that workers have to endure extreme heat.

There is a general OSHA requirement meant to protect individuals from workplace hazards, but advocates for a heat standard argue that this rule doesn’t do enough to protect workers from this specific danger. Environmental groups like Earthjustice, labor organizations like the United Farm Workers, and former OSHA directors Eula Bingham and David Michaels, were among those who voiced their concerns.

“Although OSHA has authority to protect workers from heat stress by enforcing [the general requirement], there are a lot of benefits to having a specific rule,” David Arkush, managing director of Public Citizen’s climate program, told In These Times. “First, OSHA simply doesn’t do much of that type of enforcement on heat stress.

“A specific rule on heat puts employers on notice of what exactly they should do,” Arkush continued. “That’s important because many will voluntarily follow the law. It’s much better to tell employers directly what they must do to keep workers safe than to police them after the fact under a vague safety standard.”

The petition calls for a whole new set of workplace regulations geared towards extreme heat. These include sufficient shade during rest breaks, adequate hydration, stricter monitoring for heat stress and training to help supervisors cut back on heat risks. The standard would also require employers to keep records of heat-related incidents and establish a whistleblower protection program to ensure that workers could report head standard violations without fear or repercussions.

The petition comes at the same time as a new report from Public Citizen, which details the impact that extreme heat can have on workers. The report warns that global warming will worsen workplace hazards, citing a 2017 study by researchers at the University of Hawaii at Manoa, which estimates that almost half of the world’s population will experience more than 20 days of deadly heat every year by 2100.

The report also relies on weather forecasts compiled by the nonprofit group Climate Central, which looked at 133 U.S. cities to determine how many of their workers will experience deadly levels of heat in the coming years. Public Citizen matched Climate Central’s data against Census employment statistics to estimate how severely workers will be impacted by climate change. These cities experienced an average of 20 dangerous heat days in 2000 (the National Weather Service classifies anything above 104 degrees as dangerous). By 2050, that average will increase to 58 days.

Public Citizen generated a “worker-days metric” by multiplying the amount of workers in a given occupation by the amount of dangerous heat days that the respective cities are predicted to experience. For example, if a city has 1,000 construction workers and is predicted to experience three dangerous heat days, then that city would end up with 3,000 dangerous worker-days. In 2000, agriculture workers in these 133 cities experienced 3.4 million worker-days in dangerous heat. Using Public Citizen’s metric, that number would go up to 12.8 million by 2030 and 15.3 by 2050.

The numbers are even more extreme for construction workers. In 2000, construction workers in these cities experienced 35.3 million worker-days in extreme heat. That number is set to reach 76.4 in 2030 and 95.1 million in 2050. While these numbers might seem staggering, they’re actually only conservative estimates,as they are based on 2016 population numbers and the amount of workers in these cities will likely increase.

In addition to the petition, California Rep. Judy Chu (D) announced last week on a Public Citizen press call that she will introduce a piece of related legislation soon. California is just one of three states that already has local protective heat standards, which were established in 2005 after Chu pushed them as a state assemblywoman. That fight was initiated by the United Farm Workers after a woman named Asuncion Valdivia died from heat exposure during the summer of 2004. Valdivia died after picking grapes for 10 hours in weather that was over 100 degrees. “Workers, including farmworkers who endure difficult labor and long hours to put food on our tables, are vulnerable to dangerous working conditions,” saidChu during the press event.

A study published in Nature Climate Change last year finds that the frequency of deadly heat waves is likely to increase, warning: “An increasing threat to human life from excess heat now seems almost inevitable, but will be greatly aggravated if greenhouse gases are not considerably reduced.” Despite this danger, the Trump administration pulled the United States out of the Paris climate agreement last year. “I consider climate change to be not one of our big problems,” he said on the campaign trail in 2015. The administration has also drastically cut back on OSHA workplace inspections, easing regulations and workplace deaths rise.

This article was originally published at In These Times on July 23, 2018. Reprinted with permission. 

About the Author: Michael Arria covers labor and social movements.

Groups Petition OSHA to Issue Heat Standard

Wednesday, July 18th, 2018

Peggy Frank, a 63-year-old California postal worker — and also a mother and grandmother — died last week while working her usual route in unusually hot weather. Frank’s heat-related death was not a freak occurrence, nor was it unusual.

“An average of more than 2.2 million workers in the agriculture or construction industries worked in extreme heat each day,” according to according to a report released yesterday by Public Citizen, in support of a petition by more than 130 organizations for an OSHA heat standard.  High heat — and especially working in high heat — can cause serious heat-related illnesses and death. It can also worsen other conditions such as heart disease and asthma.

The report cites the Bureau of Labor Statistics which concludes that “exposure to excessive environmental heat stress killed 783 U.S. workers and seriously injured 69,374 workers from 1992 through 2016,” and these numbers are probably significantly underestimated because many heat-related deaths are registered as heart attacks. Construction workers and farm workers are the occupations most at risk.

Although it seems hard to believe, almost 50 years after OSHA was created, the agency still has no occupational heat standard. High heat has been plaguing workers for a long, long time — pretty much since God said “Let there be light.” We’ve known about the hazards of heat stroke and how to prevent them for a long time as well.

And, of course, the problem has gotten much worse since the beginning of time. The groups petitioning OSHA — which include Public Citizen, Farmworker Justice, Interfaith Worker Justice, the Natural Resources Defense Council, United Farm Workers, United Food and Commercial Workers Union and several other labor unions —  tied the need for an OSHA heat standard to global warming which is significantly increasing the risk to workers. The petition noted that

Global warming is resulting in more frequent days of extreme heat, and record-breaking summers are now becoming the norm. 2017 was the second-hottest year on record, surpassed only by 2016. Indeed, 17 of the 18 hottest years on record have occurred since 2001…. Record-setting years will be common in the coming decades, as temperatures are projected to increase by 2.5°F (1.4°C) for the period 2021–2050 relative to 1976–2005 even if we aggressively reduce greenhouse gas pollution worldwide.

Groups Petition OSHA For A Heat Standard

Yesterday, more than 130 organizations announced a petition to OSHA for a heat standard that would protect workers from the hazards of high heat.  Joining the press conference were former OSHA Directors Dr. Eula Bingham and Dr. David Michaels as well as former California/OSHA Director Ellen Widess. The press conference, which included the passionate statement of a man whose brother died of heat exposure, can be heard here.

Federal OSHA, which concluded that extreme heat was a factor in the deaths of at least six workers in 2017, has been concerned about the problem for many years. The agency launched a national heat education campaign in 2012, following successful efforts to prevent heat-related deaths among workers cleaning up the Deepwater Horizon oil spill on the Gulf of Mexico.  OSHA borrowed CalOSHA’s  their “Water, Rest, Shade” campaign and developed a cell-phone heat app, that would analyze the hazards of heat for workers in their geographical area, and recommend measures to protect themselves. (Available from the Apple Store or from Google Play.)  OSHA also increased enforcement under its General Duty Clause, which the agency uses when there is no standard. But, according to former OSHA head David Michaels, the Obama administration declined to launch rulemaking for a heat standard due to lack of time and resources while working on the silica, beryllium and other OSHA standards issued during the last administration.

Three OSHA state-plan states — CaliforniaWashington, and Minnesota (indoor) — have heat standards, leaving 130 million workers in the rest of the country who lack the protections of a national OSHA heat standard. The military also has strict heat standards and in 2016, the National Institute for Occupational Safety and Health (NIOSH)  issued the third version of its criteria for a recommended heat standard “which includes the following elements: heat stress threshold, rest breaks, hydration, shade, heat acclimatization plan, PPE, exposure monitoring, hazard notification, worker training, medical monitoring, injury surveillance, and recordkeeping.”

The report and petition argue that federal OSHA’s current efforts and voluntary activities are not enough. The report points out that an OSHA analysis of heat-related fatality cases show that “17 of 23 fatalities (74 percent) involved workers who were in their first three days on the job, and eight (35 percent) victims were on the very first day of work,” because employer did not follow industry recommendations to allow workers to acclimatize, or get used to the heat for a few days before heavy work.

Congresswoman Judy Chu (D-CA), who spoke at the press conference,  promised to introduce legislation that would require OSHA to issue a heat standard.

The petition outlined a number of elements of an OSHA heat standard, which would reqiure employers to:

  1. Provide mandatory rest breaks with increased frequency in times of extreme heat and significant exertion.
  2. Provide access to shaded and otherwise cool conditions for employees to rest during breaks.
  3. Provide personal protective equipment, such as water-cooled and air-cooled garments.
  4. Make provisions for adequate hydration.
  5. Implement heat acclimatization plans to help new workers safely adjust to hot conditions.
  6. Regularly monitor both the environmental heat load and employees’ metabolic heat loads during hot conditions.
  7. Medically monitor at-risk employees.
  8. Notify employees of heat stress hazards.
  9. Institute a heat-alert plan outlining procedures to follow when heat waves are forecast.
  10. Train workers on heat stress risks and preventive measures.
  11. Maintain and report records relating to this standard.
  12. Institute whistleblower protection programs to ensure that employees who witness violations of the heat stress safety standard are free to speak up.

This blog was originally published at Confined Space on July 18, 2018. Reprinted with permission.

About the Author: Jordan Barab was Deputy Assistant Secretary of Labor at OSHA from 2009 to 2017, and spent 16 years running the safety and health program at the American Federation of State, County and Municipal Employees (AFSCME).

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