Heat Stress: OSHA Regulations

The Occupational Safety and Health Administration (OSHA) does not have any specific heat stress regulations. Instead, OSHA relies on the General Duty clause of the Occupational Safety and Health Act of 1970, which requires employers to provide an employment environment free from recognized hazards likely to cause harm or death. Heat-related hazards, such as heat stress, are included in this definition. OSHA also defers to the Centers for Disease Control (CDC) and the National Institute for Occupational Safety and Health (NIOSH).

OSHA and Heat Safety Standards

As heat waves and abnormally hot weather continue to increase, so does the need to protect employees who work outdoors. Heat stress occurs when hot weather causes a person’s core body temperature to rise, leading to heat rashes, heat exhaustion, and heat stroke, with potentially deadly outcomes.

OSHA is a federal agency that sets worker and workplace safety standards. OSHA does not have specific regulations for environmental heat exposure. Instead, it defers to NIOSH recommendations and standards. NIOSH has released recommendations for occupational standards and risk factors for a number of criteria, including:

• Environmental factors, like:

  • Air temperature,

  • Relative humidity,

  • Air movement, and

  • Amount of direct sunlight

• Work environment, like:

  • Radiant heat sources,

  • Personal protective equipment,

  • Required clothing, and

  • Location of the work site

• The worker's

  • Physical activity,

  • Medical condition,

  • Work acclimatization,

  • Age, and

  • Metabolic heat levels

OSHA and NIOSH can only provide guidelines as each state has different outdoor work conditions. Instead, the General Duty Clause of the Occupational Safety and Health Act of 1970 requires employers to give workers a workspace "free from recognized hazards that are causing or likely to cause death or serious harm to employees." This includes allowing reasonable water and rest breaks in excessive heat conditions and prompt medical care for heat emergencies.

State Prevention Programs

Twenty-two states have adopted OSHA-approved plans that cover all state and private employers. These state plans mirror the OSHA plans and may be stricter than OSHA requires. Seven states have their own safety plans for state and local government workers. OSHA covers private and federal workers.

Failing to manage heat hazards can result in citations and fines from both the state and federal OSHA departments.

OSHA Guidelines for High Heat Conditions

If your state has separate heat stress guidelines, you should know and follow them. Federal OSHA guidelines are only intended as a baseline from which businesses can work from. These guidelines can help small businesses start their own emergency response plans:

• Permit workers to drink water at all times (the CDC recommends at least one pint per hour)

• Create a work schedule that allows breaks, limit exposure during high heat index periods, and provide air conditioning, roofing, or fans during breaks

• Develop a workplace training program to recognize the signs and symptoms of heat-related illness; have an emergency response plan for illnesses and injuries in the work area

• Screen employees for heat-related health conditions

• Devise a heat acclimatization program for new and returning employees

• Allow the immediate administration of first aid to workers displaying symptoms of heat illness

What Are Heat-Related Emergencies?

A heat-related emergency, also known as heat stress or heat illness, is the body's response to extreme heat. The human body can only tolerate high temperatures for a short period of time. Then, it begins a process of attempting to cool off before shutting down. Heat illness prevention is simple and consists of allowing enough water breaks and rest periods in cool or shaded areas. Workers must receive immediate first aid if they suffer heat injuries.

Outdoor workers in hot environments are at risk of heat stress. Workers most at risk include:

• Construction workers

• Agricultural and landscape workers

• Road workers

• Novice workers, older workers, and those with known health conditions such as heart ailments or diabetes

Managing Heat-Related Emergencies

Business owners and job-site supervisors can reduce the number of heat-related injuries by allowing workers to take rest breaks and letting them carry drinking water on the job site. Business owners should also consider limiting outdoor work during high heat conditions.

Everyone is familiar with the news reports of daily temperatures. These are "dry bulb" temperatures. More important are the "wet bulb" globe temperatures, taken with a damp cloth wrapped around the bulb of a thermometer. This method helps to determine how cool air can become via water evaporation. That, in turn, indicates how cool human skin can get through the evaporation of sweat. Above about 95 degrees Fahrenheit, sweat cannot evaporate, and humans can no longer cool themselves without external means.

Types of Heat-Related Emergencies

When a person's core temperature rises above 99 degrees Fahrenheit, their body tries to shut down so it can cool itself. This is when heat illnesses begin. Recognizing the early signs of heat illness can help prevent it from advancing to dangerous illness and death.

• Heat cramps are painful muscle spasms caused by salt and electrolyte imbalance due to excessive sweating. If someone suffers from heat cramps, you should move a person suffering from heat cramps to a cool place and give them water or a sports drink (not an energy drink). Heat cramps may progress to heat exhaustion.

• Heat exhaustion is caused by overheating and pooling of blood in the extremities as the body attempts to cool itself. Symptoms may include fainting, weakness, nausea, shortness of breath, and increased heart rate. To treat heat exhaustion, get the victim into a cool place, loosen their clothing, and give them water or juice (not energy drinks or caffeine). A doctor should see victims who are young, elderly, or have a medical condition.

• Heat stroke is a medical emergency that occurs when the body's heat-regulating mechanisms shut down. The victim's skin becomes red, hot, and dry, and their body temperature may soar above 107 degrees. Unconsciousness and death may quickly follow. There is no on-site treatment for heat stroke. Call 911 immediately, or transport the victim to a hospital.

Each summer, heat-related illnesses lead to deaths. The most affected are often uninitiated hikers, construction workers, and older adults. Ensuring workers have access to potable water can reduce these fatalities and also improves workers' job performance.

Get Legal Help

Getting expert legal advice regarding heat stress lawsuits can be crucial to your business. Contact an employment lawyer in your area for a free or low-cost consultation.