The federal Occupational Safety and Health Administration is conducting a series of hearings about the conditions workers may face during episodes of extreme heat. The outcome, some labor advocates hope, would be the first federal rules regarding heat. The discussion comes as deaths attributed to heat are on the rise.
New rules could include time for workers to acclimate to the heat and provide them access to water and shade.
In a recent hearing, an OSHA panel heard from the construction industry, including Stephen Kinn, the CEO of Kwest Group Construction and a member of the Associated General Contractors of America. Kinn told the panel any new standards should take into account variables such as geography, and even the type of work being performed.
The OSHA panel asked a variety of questions, including what measures Kwest and other companies have taken which they have found to be helpful. While his company has dedicated managers to monitor heat, he went on to advocate for formalizing a “buddy system,” which he told the panel has proven to be effective.
“It’s your buddy that you’re working with, that’s gonna be most close to you and say, 'Hey, I think we need to take a break, you’re looking awfully red, or hey you’re awfully sweaty,’ said Kinn.
Kinn and other construction professionals told the panel that geographic location makes a significant difference, particularly if regulators are considering requirements involving water, such as how close the water needs to be to a worker, how much water a worker needs per hour and water temperature.
A person working in 85 degree heat with high humidity experiences the heat differently than a person who is working in 105 degree dry heat, Kinn added.
“You give that person water that is, you know, 40 degrees, it’s gonna feel like it’s putting them into shock because it’s too cold for them,” he said.
Some regulations under consideration include heat thresholds, which were based on a 2020 study by OSHA researchers. In a review of hundreds of heat-related deaths, OSHA determined that 96% happened at temperatures above 80 degrees.
Other construction professionals told the panel instituting ranges based on geographical norms would be better than instituting a rigid system that does not take into account variations in temperature, heat index, humidity and type of work.
They gave examples of how a construction worker in the Southwest could acclimate to 100-plus degree temperatures where 90-degree weather in the Northwest would be a significant challenge for workers who are not acclimated to high heat. They also told the panel that humidity can also be a significant factor in establishing a heat index threshold.
Half a dozen states have instituted their own rules protecting workers from excessive heat, with Colorado and Nevada being two states to do so in the Mountain West. Other states include Oregon, Washington, California, Minnesota, Maryland.
OSHA could establish new heat guidelines this summer.
Note: this has been updated to include states with heat regulations.
