Cool workers means fewer penalties

On Aug. 30, 2024, the Occupational Safety and Health Administration published a Notice of Proposed Rulemaking titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. This proposed standard would require employers in all industries to develop and implement heat injury and illness prevention plans to evaluate and control workplace heat hazards.

The public comment period for this proposal was initially set to conclude Dec. 30, 2024, but was extended until Jan. 14 to allow stakeholders additional time to provide input. NRCA submitted comments as part of a coalition of construction industry stakeholders advocating for a performance-oriented approach to heat-illness prevention and expressing concerns with the overly broad proposed standard.

The agency has not yet finalized the rule, and the future of the rule and potential timeline for its implementation remain uncertain. In the interim, OSHA continues to address heat-related hazards through existing enforcement mechanisms, including the national emphasis program for heat.

National emphasis program

After OSHA began rulemaking for a federal heat standard in late 2021, the agency implemented the National Emphasis Program—Outdoor and Indoor Heat-Related Hazards in April 2022 to address the concern of heat-related illnesses and fatalities among workers. It is the first time OSHA implemented a national emphasis program without a specific final rule.

The national emphasis program was renewed Jan. 16 and extended until April 8, 2026. Through the renewal, OSHA aims to enhance workplace safety by increasing inspections; improving employer awareness; and enforcing compliance with heat hazard mitigation strategies such as providing shade, rest breaks and hydration.

What it means for employers

The national emphasis program is an enforcement tool targeting industries with a high risk of heat-related illnesses and fatalities. Employers in such industries, which include roofing, may experience increased scrutiny and should be prepared for inspections focusing on heat-illness prevention measures.

Some key elements of the national emphasis program include:

• Prioritization of heat-related interventions. The program can trigger inspections on days when the heat index exceeds 80 F. OSHA also can open a heat-related inspection during nonheat-related investigations when hazardous heat conditions are observed or reported.
• Comprehensive heat-illness prevention plans implemented by employers, including access to water, shade and rest breaks and proper employee training for recognizing and responding to heat stress symptoms.
• OSHA-provided guidelines for workers regarding how to protect themselves from heat hazards and what steps to take during emergencies.

Once a heat inspection is opened by OSHA, the national emphasis program requires the OSHA compliance officer to take the following steps:

• Review injury and illness logs and incident reports for heat-related illness.
• Review records of heat-related emergency room visits and/or ambulance transport even if hospitalization did not occur.
• Interview workers for heat-illness symptoms such as headache, dizziness, fainting, dehydration, etc.
• Determine whether the employer maintains a heat illness and injury prevention program and consider whether the program addresses hydration, breaks, shade, acclimatization, training and other relevant policies.
• Document relevant conditions, such as the heat index, any National Weather Service heat alerts, type of heat source (e.g., direct sunlight, proximity to hot equipment, etc.), any injured employee’s exertion level and duration of exposure to heat.

Employers should be prepared for inspections focusing on heat-illness prevention measures.

Employers failing to adhere to the national emphasis program guidelines may face citations and penalties under OSHA’s General Duty Clause, which requires workplaces to be free from recognized hazards.

Proactive measures

To prepare for potential enforcement under the national emphasis program and ensure worker safety and health, employers should consider implementing the following measures:

• Establish a written plan that outlines specific heat safety protocols.
• Educate workers and supervisors regarding recognizing the signs and symptoms of heat-related illnesses, emergency response procedures and the importance of preventive practices.
• Provide drinking water and encourage workers to hydrate regularly during high-heat periods.
• Set up areas with adequate shade and ventilation to allow workers to cool down during breaks.
• Encourage a buddy system and train workers to monitor each other for signs of heat-related illnesses and respond quickly if symptoms arise.
• Modify work schedules when possible by scheduling physically demanding tasks during cooler parts of the day and allow for additional rest breaks during peak heat periods.
• Ease into high-heat work by gradually increasing workloads for new and returning workers to help them adjust to hot temperatures.

By proactively adopting these measures, employers can enhance worker safety, ensure compliance with current enforcement programs and position themselves favorably for any future federal heat standard.

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