labor lawAdivision of labor law center

Although summer doesn’t officially begin until June 21, many parts of the country are already experiencing hot weather. That’s why OSHA urges employers to take steps to prevent heat stress and heat stroke.

 

OSHA warns that the combination of heat and humidity can be a serious health threat during the summer for workers. Employees in a wide variety of industries work outdoors or in un-air-conditioned facilities and factories.  These types of jobs include workers at resorts and beaches, those in the construction industry, landscaping crews, road crews, workers in bakeries, kitchens and laundries, and agricultural employees, among others.

 

Every employee should be warned of the precautions to take to avoid heat stress. OSHA recommends that employees take these steps:

• Drink water in small amounts frequently
• Clothing should be light colored and fit loosely
• Clothing of natural fibers that breathes, such as cotton, is preferred
• Employees should take frequent breaks in the shade or an air-conditioned vehicle
• Avoid caffeine, alcohol and large amounts of sugar – they impair the body’s ability to cool itself.
• Work in the shade whenever possible

In addition, OSHA officials warn that certain prescription medications can increase an employee’s sensitivity to heat. Each employee should check with his or her doctor on special precautions to take during hot weather. Special equipment such as work suits or respirators can increase body temperature, and increase the chances of heat stress.

 

Heat stress is a general term that encompasses the body’s response to higher temperatures, from mild to severe symptoms. There are three major heat-related disorders:

1. Heat Cramps
2. Heat Exhaustion or Hyperthermia
3. Heat Stroke

Heat exhaustion or Hyperthermia should not be confused with Hypothermia. Although both conidtions are potentially fatal, in Hyperthermia the body temperature is too high. Hypothermia occurs when the body temperature is too cold.  Employers should train workers to recognize each condition, and know what first aid treatment is necessary. If an employee believes that a coworker has heat stroke or heat exhaustion, the affected employee should find cool shade. If possible, the worker should be placed in an air-conditioned vehicle. Emergency responders should be contacted and the worker should be given water in small sips.

 

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1. Posted by: Richard

   I am a postal mail man, driving a 2 ton mail truck everyday (Same size as UPS, Fedex truck), which has no A/C in it but only has a 8″ fan, and the engine is right by the leg side. (Always got hot air out even you set vent on cold)

   On 6/27 Friday 3:20pm, at local temperature 94 degree (radiant heat in the truck makes temperature higher for over 100 degree), my postmaster spoted me driving with both front doors open (same as UPS,Fedex driver does, with safety belt on), she wrote me up for violations, says postal regulation require both doors closed despite whatever the temperature is.

   When the temperature gets high, almost every 2 ton carrier has both doors open to avoid heat stress, I just got unlucky to be nailed that day. I don’t think it is legit to compromise my health for the bureaucracy.

   How can I protect myself from this harassment? Any OSHA regulation I can use ?

   Thank you very much for your time.

2. Posted by: Amelia

   If you are a postal service employee, contact your union rep. The postal service has one of the strongest unions in the nation. OSHA also has specific regulations for different industries, so contact them directly. Unfortunately, it is permitted for the USPS to have different regulations from FedEx regarding the doors. However, the employer may need to take additional steps to ensure the employee’s health, if not their comfort. If you have more questions, post them on our sister site at http://www.laborlawtalk.com. Thanks for reading the blog! Amelia

3. Posted by: Angela

   Are there any rules that factories must follow in giving employees water breaks during hot weather? Our factory is small (about 40 employees), & our employers give the employees a hard time about going to the restroom to wet down or getting water. They don’t provide us with ice, or anything else. Our lunch room is air conditioned, but they won’t turn the air on. They say it will make people sick more easily. I passed out from heat stroke last summer, as well as another employee. They act as though we are trying to get out of work & tell us it’s our fault because wetting ourselves down caused the heat stroke. Your time & help is appreciated.

4. Posted by: Amelia

   Hi Angela! Yes, everything you mention is probably a violation of OSHA standards. You should report this employer to OSHA immediately. Virtually all employers must permit employees to drink water during hot weather. It is NOT true that having the air conditioner on in the break room or dousing yourself with water causes heat stroke. It prevents it. This employer seems woefully uninformed, or willfully ignorant. If you report this situation, and emphasize that several employees have already had heat stroke, OSHA will almost immediately conduct an inspection. For complete answers to all your HR questions, post them on our sister site at http://www.laborlawtalk.com. And thanks for reading the blog! Amelia

5. Posted by: kirk

   From us all its HOT!!!!!!!!!!!!!!!!!!!

6. Posted by: Mike

   I am a telephone company technician working in Florida, the right to work state so we are often told. The temperatures in August can get as high as 104. The company has metrics that cause management to monitor the amount of time we idle our trucks (and a lot of them are NOT air conditioned). We often are left on site waiting for support personal anywhere from an hour or longer. We are being told by management that we can not sit in our trucks or go back to the garage. They want us to stand outside and wait for the support personal. They harass us and threaten us with compliance. Can they legally do this? Our union tells them they can’t say these things but doesn’t do anything to prohibit them in harassing and threatening us with compliance. We need a course of action to enforce what we know as plain old common sense. Any advice?

7. Posted by: Amelia

   Hi Mike!! This sounds like a case of the right hand not knowing what the left hand is doing (or should be doing.) It sounds like an overzealous supervisor is trying to save gas and reduce expenses, but disregarding OSHA standards. The first suggestion would be for you to contact the nearest OSHA office and have a conversation with them about this practice. In Florida, the OSHA offices are in Ft. Lauderdale, Jacksonville and Tampa.

   If you are not getting any satisfaction from the union, go to a union rep who is higher up. An extreme measure would be for an employee to disregard the supervisor and allow himself to be fired for idling his truck to run the a/c on a day when it’s 104 degrees outside. The union would then (presumably) fight the termination. If the union won, this would eliminate the problem for everyone. But there is a small possibility that the union would lose, and this employee would be out of a job.

   For more solutions, post your dilemma on our sisters site at http://www.laborlawtalk.com. Best of luck, and thanks for reading the blogs! ~ Amelia