Baby it’s Hot Outside
Baby it’s HOT outside. OSHA is taking the heat head on. The proposed heat standard, while well intended, would create ripples of challenges throughout the construction Industry. The standard places a one size fits all requirement on a diverse industry both in geography and scope of work. AGC is part of a coalition, Construction Industry Safety Coalition (CISC), providing comments on the draft standards.
CISC acknowledges the panel's findings and emphasizes the importance of crafting a flexible and practical heat illness prevention standard that considers the diverse conditions and operational realities of construction work. Some of the key recommendations include prioritizing a risk-based approach, integrating feasible engineering controls, providing comprehensive training and acclimatization programs, and ensuring effective communication between employers and employees regarding heat-related hazards.
The one-size-fits-all approach is not realistic in practice. For example, regardless of geographic location, the proposed initial ambient temperature heat trigger is 82°F with an initial heat index trigger of 80°F, high-heat ambient and heat index triggers of 90°F and 87°F, respectively, fail to account for the unique climatic conditions, varied scopes of work, and the acclimation of workers across the United States. They also lack any scientific backing or support. The Heat Standard Proposal would require a 10- or 15-minute breaks every two hours, depending on the heat triggers. This does not account for the actual work being performed and could undermine the safety of the worksite. Another example of how onerous this regulation could be is that the National Heat Standard Draft requires a "re-acclimatization" anytime a worker is off a jobsite for more than 2 days AND the heat index is above 80 degrees. Re-acclimatization requires 50% work at 100% pay. This means paying a full day for a half-day of work after every Memorial Day weekend, July 4th weekend, Labor Day weekend, or weekend where companies work 4, 10-hour days and any other time off during the busy summer months.
Needless to say, this is not only onerous but unworkable in much of the United States for many months during the year. Many companies will be forced to work nights, which will expose workers to a whole other set of risks including sleep deprivation fatigue, biorhythm issues, and isolation from loved ones. The standard is a blanket approach intended to force employers to put employees first. However, employers are already doing this. A safe worker is a happy worker is a productive worker. Employers across the country use best practices in using appropriate safeguards to protect workers against heat related illnesses. While there are always ways to improve, an inflexible blanket approach will create more problems than it will solve.