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With OSHA enforcement heating up, taking breaks now even better idea

October 2021 employment law letter
Authors: 
Bob Clougherty and Garry Keele, McAfee & Taft

On September 1, 2021, the Occupational Safety and Health Administration (OSHA) released a memorandum (https://www.osha.gov/laws-regs/standardinterpretations/2021-09-01) establishing a new enforcement initiative to prevent and protect employees from heat-related severe illnesses and deaths while working in hazardous hot indoor or outdoor environments.

OSHA to crack down on heat-related hazards

The initiative directs OSHA area offices, on days when the temperature exceeds 80°F, to increase enforcement efforts to identify potential heat-related hazards present in working conditions before the occurrence of an illness or death. The scope of the initiative applies to indoor and outdoor worksites where potential heat-related hazards exist. The initiative is expected to affect several industries, including manufacturing, construction, oil and gas operations, agriculture, mining, and other industries where employees are exposed to heat above 80°F and the industry has a history of heat-related illness.

OSHA's memo identifies steps employers can take to mitigate the chances of heat-related illnesses or death. These steps include:

  • Granting employees adequate breaks;
  • Supplying enough easily accessible cold water for the job duration; and
  • Providing, if applicable, a shaded area away from direct sunlight.

Further, the memorandum directs compliance safety and health officers (CSHOs) to review employers' plans to address heat exposure.

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