Just about a year ago, in April, 2022, OSHA launched a federal National Emphasis Program (NEP) designed to protect workers from heat illness and injuries. As part of the program, OSHA will perform inspections in what it deems “high-risk industries” in indoor and outdoor work settings when the National Weather Service has issued a heat warning or advisory for a local area. The NEP also establishes heat-priority days—days when the heat index is expected to be 80 F or higher. On these days OSHA will initiate compliance assistance in the targeted high-risk industries and inspect any alleged heat-related incident, complaint or referral. The program announcement came on the heels of OSHA’s proposal in 2021 to create a permanent safety standard for hazards stemming from heat-related injuries and illnesses.
The new NEP joins 11 others in effect, including for hazards related to combustible dust and Covid-19. As part of the program, if an OSHA certified safety and health official (CSHO) observes hazardous heat conditions or relevant illnesses or injuries recorded in the OSHA 300 logs or 301 Incident Reports, they must open a separate heat-related workplace inspection.
An article on the website of Fischer & Phillips LLP offers up some compliance advice, in order to avoid scrutiny and protect workers from heat-related concerns:
- Draft a prevention program to mitigate heat-related injuries and illnesses.
- Designate someone at each worksite to monitor worker health and conditions on days of extreme heat.
- Conduct a hazard analysis of job duties or positions that could involve exposure to extreme heat, including an analysis of outdoor and indoor workspaces.
- Review your OSHA 300 logs from the past few years to quantify what injuries or illnesses, if any, are or could have been heat-related and implement plans to address those situations moving forward.