Excerpted from Alabama Employment Law Letter and written by attorneys at the law firms of Lehr Middlebrooks & Vreeland, P.C.

It's time to start preparing to keep employees safe during those sweltering days.


Here comes the sun

The Occupational Safety and Health Administration (OSHA) doesn't have a specific standard for addressing heat stress. However, the agency has previously issued citations to employers that have allowed employees to be exposed to a risk of serious physical harm from excessively hot work environments based on the General Duty Clause.

The General Duty Clause requires you to furnish a place of employment that is free from recognized hazards that cause or are likely to cause death or serious physical harm.
Thus, you should recognize that heat-related injuries may expose you to a risk of OSHA fines and/or workers' compensation liability.

OSHA recommends many strategies for preventing heat-related injuries, including the following.

Engineering controls. You may employ one or more methods to reduce the temperature of the work environment, including ventilation, general air conditioning or spot-cooling (such as an air-conditioned booth or hood), fans (provided that the circulated air is cooler than workers' skin temperature), and heat conduction blocking (such as shielding or insulating sources of heat).

Administrative controls. You may develop a heat-stress prevention program including one or more of the following strategies:
" Acclimatization. New employees or employees returning to work after several days' absence should be gradually acclimated to a hot work environment rather than working a full shift the first day.

" Hydration. You should encourage proper hydration by providing cool water and telling workers to drink small amounts frequently (ideally, one cup every 20 minutes in hot conditions).

" Screening and monitoring. Subject to requirements under the Americans with Disabilities Act (ADA), you may develop a screening program or encourage workers to self-identify health conditions likely to be aggravated by elevated temperatures. Employees (particularly those in high-risk categories) should be monitored frequently for signs of heat stress, and additional accommodations for those individuals should be made.

" Reduce physical demands. You may reduce physical demands by providing frequent breaks in a cool area, spreading the work among more workers, providing power tools or devices to limit exertion, shortening shifts, and scheduling high-risk tasks for the cooler part of the day or cooler seasons.

" First-aid requirements. The plan should outline who is responsible for administering first aid and any other procedures that should be followed in the event of a heat-related emergency.

Employee training. At-risk employees should be trained on the hazards of heat stress, how to recognize symptoms of heat-related disorders and predisposing factors, methods of first aid, employee responsibilities to prevent heat-induced health problems, and methods of self-monitoring (e.g., checking heart rate and temperature and weighing twice a day to monitor water loss).

First-aid workers should be trained to recognize and treat heat stress disorders, and the names of those workers should be made known to all employees. Supervisors also should be trained to detect early signs of heat-related illness and allow employees to take a break from their work if they become uncomfortable.

Personal protective equipment. Many kinds of protective clothing are available to prevent heat stress. Outdoors, employees may use loose-fitting reflective clothing, wide-brimmed hats, and sunscreen. You may want to consider cooling ice vests, wetted clothing, water-cooled garments, or garments designed to circulate an attached source of compressed air.

For more information about how to help your workers beat the heat, links to numerous resources are available at www.osha.gov/SLTC/heatstress/recognition.html.


"Safety First" is a monthly column dedicated to workplace safety issues and written by Jennifer L. Howard, an attorney with Lehr Middlebrooks & Vreeland, P.C., in Birmingham. You can reach her at (205) 323-8219 or jhoward@lehrmiddlebrooks.com.

Copyright 2008 M. Lee Smith Publishers LLC. ALABAMA EMPLOYMENT LAW LETTER . The Alabama State Bar requires the following disclosure: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers."