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US government ramps up effort to put in place ‘too hot to work’ rules

US investigators have carried out an unprecedented number of heat-related workplace inspections this summer, while federal and state governments are adopting measures to protect workers from heat
Five construction workers wearing yellow and orange vests and wide-brimmed helmets repair a roof, while one worker in the middle spreads hot tar on the roof's surface.
Workers brave the oppressive heat in Jackson, Mississippi, on 13 June 2020 as they reroof the Barfield Complex
Rogelio V Solis/AP/Shutterstock

As intense heatwaves baked much of the US this summer, federal investigators made more than 700 heat-related inspections at workplaces – more than they carried out in the previous three years combined. The inspection upswing reflects a new emphasis on protecting workers from extreme temperatures as federal plans for a national heat-safety standard go forward in a race to beat the heat.

“There’s a growing understanding that extreme heat isn’t just a nuisance,” says , a cardiologist at the University of Pennsylvania. “It can have a serious impact on people’s health.” Workers are particularly vulnerable, he says. People who work outside may not be able to escape the sun or get water, and indoor workplaces may lack air conditioning or be full of hot equipment. Physical exertion can raise body temperature, increasing the risk of heatstroke or other heat-related illnesses.

According to data from the US Department of Labor, there were in the workplace between 2011 and 2019. Khatana says these numbers are almost certainly significant underestimates, given the difficulty of attributing fatalities and injuries to heat.

Despite the recognised dangers of heat in the workplace, neither the federal government nor most US states have laws that require employers to take specific measures to protect workers from heat. That is changing. “Next to covid this is the next big thing” for workplace safety, says , an attorney at Jackson Lewis in Georgia.

In response to an last year, the Occupational Safety and Health Administration (OSHA) for developing a national heat-safety standard.

The rule could resemble a California law that requires employers to provide heat safety measures, says , an attorney at Fisher Phillips in Georgia. That law requires employers to offer training for outdoor workers and provide shade and water when the temperature tops 80°F (26.6°C). The California law also mandates paid breaks when temperatures top 95°F (35°C).

Other states have moved to adopt heat-safety rules as well, including and . Following last year’s “heat dome” in the north-west, state agencies in Oregon and Washington issued emergency workplace heat rules. Oregon has since made its rules permanent. (The UK lacks laws explicitly protecting workers from heat, though some have called for temperatures in July.)

The federal standard could take years to develop, says Paul. In the meantime, OSHA has started proactively when the heat index hits 80°F, focusing on at-risk industries such as agriculture and construction. It has also advised employers on the dangers of heat and measures they can take to protect workers. More than this summer.

Between the start of the programme in April and late July, federal investigators with OSHA carried out 705 inspections in 45 states, according to data acquired by èƵ. Between 2015 and 2020, OSHA conducted about 200 heat-related inspections each year. The uptick “shows that they really are putting their money where their mouth is”, says Paul.

If an inspection finds a workplace violates an existing rule that employers must provide a “hazard-free workplace”, OSHA can issue a citation requiring the employer to take feasible steps to improve conditions. Though, without a national standard “we have limited tools”, says Nick Donofrio, a compliance specialist for OSHA. An by National Public Radio last year found the agency has often failed to protect workers from heat under the current rules.

Topics: Climate change / United States