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OSHA's Upcoming Heat Rule: What Employers Should Know

Turning Up the Heat on Safety: How OSHA's Upcoming Rule Impacts Your Business and How SEA Can Guide You Through!

The Occupational Safety and Health Administration (OSHA) is preparing to launch a pivotal regulation that will lay out comprehensive requirements for employers. These rules will detail how businesses should prevent and address heat-related illnesses and injuries in their workforce, regardless of whether the work is indoors or outdoors.


Background:

This advanced rule, originally introduced in 2021, is nearing its final stages. Upon completion, OSHA will invite further public commentary. However, once formalized, legal battles might delay its implementation for an extended period. Interestingly, OSHA is now keen on gathering insights from small businesses, particularly those most likely affected by these standards. One might question why this wasn't a priority earlier. This outreach is part of a mandatory small business impact study. Failing to carry out this study could weaken the rule's legal standing, especially if businesses feel OSHA has overstepped. OSHA has specifically requested feedback from sectors like warehousing, agriculture, construction, manufacturing, oil and gas, waste management, utilities, food service, and landscaping. The rule also awaits White House review. With President Biden previously voicing strong support for OSHA's heat-focused initiative, approval seems likely.


Potential Rule Content:

Union perspectives will undoubtedly shape the rule. For instance, OSHA has been particularly vigilant with Amazon, given the ongoing nationwide union-organizing campaign targeting its distribution centers. OSHA's National Emphasis Program (NEP) has also spotlighted the warehousing industry, pushing for intensified inspections.


The focus is on immediate responses to heat hazard complaints and hospitalizations. The goal is to encourage proactive employer interventions to mitigate heat-related issues.


Despite the prevalent concern about heat-related risks, OSHA had never formalized a regulation addressing this. Enforcement was generally anchored on the General Duties Clause of the OSH Act, which mandates a safe and healthy workplace for employees.


Several companies, including Amazon, have innovated with temperature controls and heat safety protocols. For outdoor workers in construction, road repair, and utilities, battling the summer sun remains a challenge.


Notably, 26 states with OSHA-approved state plans have specific laws on occupational heat exposure. OSHA's new rule might integrate existing state standards and insights from recent enforcement initiatives.


NIOSH's Suggestions:

OSHA has collaborated with the National Institute for Occupational Safety and Health (NIOSH) on the rule's content. NIOSH's recommendations include:


  • Using machinery to reduce strenuous manual labor.
  • Gradually acclimating workers to heat over a 7 to 14 day period.
  • Restricting new workers to 20% of typical hot environment work time initially, increasing 20% daily.
  • Promoting regular water intake (a cup every 15-20 minutes).
  • Ensuring access to shaded or cooled spaces.
  • Keeping an eye on complicating factors like alcohol consumption or low-grade infections.
  • Offering cooled clothing or fluids and using reflective attire for those in industrial settings.


Presently, OSHA advises maintaining temperatures between 68◦ F and 78◦ F, providing water and breaks, and preparing workers for the heat. OSHA has also curated a detailed guide to help businesses prevent heat illnesses.


Employers are advised to familiarize themselves with these guidelines, ensuring safety and preparation for any OSHA evaluations or the eventual implementation of the new rule.


How SEA can Help!

As we navigate the evolving landscape of heat-related safety standards, SEA stands at the forefront of ensuring a seamless transition for businesses. Our expertise extends beyond mere compliance. We understand the nuances of diverse work environments and can provide tailored solutions that prioritize both employee welfare and operational efficiency. By partnering with SEA, employers can be assured of a proactive approach to heat-related challenges, harnessing cutting-edge technologies, training programs, and best practices. Let SEA be your compass in guiding your business towards a safe, productive, and heat-resilient future.


By Derek Jennings, President Safety & Environmental Associates (SEA) Inc.

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OSHA’s Top 10 Most Cited Health and Safety Violations of 2024 a Deeper Look!

By Derek Jennings • February 10, 2025
Each year, as the Occupational Safety and Health Administration (OSHA) releases its list of the top 10 workplace safety violations, a pattern emerges that begs a question: Are these frequent violations a sign that employers continue to struggle with the same safety issues, or does it reflect a disposition among OSHA inspectors to focus on areas where they are trained to focus? The Persistent Issue of Repeated Findings The repetition of certain violations year after year might seem surprising, but it underscores a significant challenge in workplace safety management. The top violations tend to be those that are most visible and easiest to spot during inspections, such as fall protection and hazard communication. This consistency suggests that while awareness is high, practical implementation and adherence to safety practices lag behind. Top 10 Most Cited Health and Safety Standards of 2024 1. . Fall Protection, General Requirements: 6,307 violations For the 14th consecutive year, fall protection tops the list of OSHA's enforcement priorities. This emphasis is not arbitrary; OSHA has designated fall protection as a national emphasis area, making it a primary focus during inspections. It's often one of the easiest violations to spot without extensive investigation skills. The OSHA standard 1926.501 mandates that employers must provide fall protection systems like guardrails, safety nets, or personal fall arrest systems for workers at risk of falls of six feet or more in construction and four feet in general industry. Often, the major factor in these violations is human behavior. Many offenders might think, "No one is watching, and this will only take a moment, so it's no big deal." However, this mindset can lead to non-compliance with critical safety measures, putting worker safety at significant risk.

Navigating OSHA's New Arc Flash Guidance - What Employers Need to Know

By Derek Jennings • February 7, 2025
The Occupational Safety and Health Administration (OSHA), in collaboration with the Partnership for Electrical Safety and KEMA Laboratories, has recently unveiled new guidance aimed at addressing arc flash hazards in the workplace. This guidance is a crucial update that highlights the need for comprehensive electrical safety programs that specifically include measures to protect against arc flash hazards. Here’s what employers need to understand about the new directives and how they can effectively respond. Understanding Arc Flash and OSHA's Recommendations An arc flash is a type of electrical explosion that results from a low-impedance connection to the ground or another voltage phase in an electrical system. The new guidance provided by OSHA not only offers a clear definition of what constitutes an arc flash but also elaborates on methods to mitigate such hazards during electrical work. The guidance includes detailed documents for employers and useful handouts for employees, emphasizing the common myths and the reality of arc flash dangers. The Role of NFPA 70E OSHA’s guidance strongly correlates with the standards outlined in NFPA 70E, the National Fire Protection Association’s standard for electrical safety in the workplace. Employers who are already compliant with NFPA 70E likely have a written Electrical Safety Program (ESP) that includes protocols for arc flash hazards. This new guidance serves to reinforce the importance of these existing standards while also urging those without comprehensive plans to take immediate action. What if You Don’t Have a Comprehensive ESP? For employers who have yet to develop an ESP that addresses arc flash hazards, OSHA’s guidance is a wake-up call. It is crucial to recognize that general workplace safety standards, although not specifying arc flash, require protection against electrical hazards under regulations like 1910.333. The absence of specific OSHA standards for arc flash does not excuse employers from the responsibility of protecting their employees from such risks. Implementing Effective Arc Flash Protection Measures Incident Energy Analysis: A foundational step in arc flash protection is conducting an incident energy analysis. This process involves studying the facility’s electrical systems to calculate the potential energy released in the event of an arc flash. Understanding this energy potential is essential for determining the arc flash boundary—the distance within which a person could receive second-degree burns or worse if exposed to an arc flash. Developing a Risk Assessment Procedure: Employ ers need to establish a procedure for assessing the risks associated with arc flash. This includes evaluating the tasks being performed, the condition of the electrical equipment, the maintenance history of the equipment, the energy involved, and the potentia l for human error. Deciding on Protective Measures: Once risks are assessed, decisions must be made regarding the best ways to protect employees. This often involves the use of Arc-Rated Pe rsonal Protective Equipment (PPE) and could also include engineering controls such as redesigning parts of the electrical system to minimize arc flash risks. Proactive Versus Reactive: The Choice is Yours The latest guidance from OSHA should be viewed as an unofficial yet critical call to action for employers to either update their existing safety measures or develop new protocols in line with NFPA 70E. Being proactive about electrical safety not only helps in compliance with OSHA’s standards but fundamentally enhances the safety and well-being of employees. Final Thoughts The introduction of OSHA’s arc flash guidance is a significant step toward heightened awareness and improved safety practices surrounding electrical hazards in the workplace. Employers are encouraged to review their current safety protocols, educate their workforce about the dangers of arc flash, and implement comprehensive measures to prevent such incidents. Always keep in mind that workplace safety begins with staying informed and well-prepared. Make it a habit to test before you touch it and prioritize safety like your life depended on it! For more insights into workplace safety and compliance, keep following our blog. Your safety is our priority, and together, we can foster a safer working environment for all. By Derek Jennings  President SEA
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