NEW HEAT ILLNESS STANDARD Ken Olsen, Safety Director, Slurry Pavers In July 2023, the Virginia Asphalt Association’s (VAA) Board of Directors approved establishing the Environmental, Safety, and Health (ESH) Committee, currently led by Chair Jon Dearth, Vice-Chair Ken Olsen, and Board Liaison Tim Boone. Since its inception, the committee has been active in meetings with Virginia’s Department of Environmental Quality (DEQ), monitoring state and federal activities and providing updates to the association’s membership. As the paving industry moves into the summer months, here is relevant information to remember. Heat Illness Standard Coming Soon According to the U.S. Bureau of Labor Statistics, 436 work-related deaths were caused by environmental heat exposure between 2011 and 2021. That number may very well be underreported or misattributed to heart attacks since extreme heat can increase the risk of life-threatening cardiovascular events. In light of these disturbing statistics, the Occupational Safety and Health Administration (OSHA) has implemented a National Emphasis Program (NEP) across the construction, maritime, and agriculture industries. Similar to other NEPs you may recognize, such as those related to COVID-19, silica, fall prevention, etc., this NEP aims to identify, reduce, and eliminate worker exposure to occupational heat-related illnesses and injuries. The Heat NEP requires heat-related interventions and inspections of work activities on days when the heat index exceeds 80°F. Only California, Oregon, and Washington have heat standards covering outdoor construction workers. Colorado and Minnesota have heat standards but do not cover outdoor construction. In Maryland, the Division of Labor and Industry has recently completed stakeholder meetings and collected public comments regarding its version of a heat standard. While North Carolina has no safety and health standards for heat, the NC Department of Labor has created Operational Procedure Notice 141B for conducting heat-related illness inspections and to assist compliance officers in determining if a citation is warranted using NC OSHA’s version of the general duty clause. In Virginia, regulators narrowly rejected a heat standard in 2021, just two years after unanimously deciding to begin the rulemaking process and shortly after federal OSHA announced its intention to create a heat-specific workplace standard. This NEP marks the initial phase of OSHA’s ongoing nationwide heat illness prevention rulemaking effort and is effective through April 8, 2025. How to Prepare for a Heat-Related Standard Here are some potential tenets of future heat-related regulations workplaces can expect to see aimed at ensuring the safety of workers in high-temperature environments: • A heat stress training program to inform the employer and employees about the effects of heat stress, including how to recognize and report signs and symptoms in themselves and others and how to prevent heat-related illnesses. • First-aid procedures for employees exhibiting signs and symptoms of heat-related illnesses. • Emergency response procedures for employees exhibiting signs and symptoms of heat-related illnesses. • Monitoring weather conditions and arrangement of work schedules and break periods to minimize heat exposure. • An acclimatization program for new employees when they begin working or return to work in hot environments. • Providing shaded areas and other cool areas for break periods. • Ensuring an adequate supply of drinking water is available and training employees about adequate fluid intake and hydration. • Health screenings to determine any causal factors that may affect the employee’s heat illness susceptibility. • In cases of extreme risk, rescheduling non-essential work may be deemed necessary. The National Institute for Occupational Safety and Health (NIOSH) and OSHA also offer a heat safety tool app for employers, supervisors, and workers. The app helps identify situations where additional preventive measures should be considered. It remains uncertain whether OSHA will be able to establish a heat standard before the NEP expires. However, the NEP could offer some clues about OSHA’s direction and what they might focus on during inspections where heat could be a concern. Please visit www.osha.gov/ heat-exposure for more information on this NEP and how to keep your employees safe from exposure to heat. A Closing Invitation If your company is interested in research and development that will lead to safer workplaces and environmental stewardship, the ESH committee encourages you to contact us and participate in our regular meetings! Work-Related Fatalities Due to Heat Exposure 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 70 60 50 40 30 20 10 0 VAASPHALT.ORG 27
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