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(HealthNewsDigest.com) – When pro football player Kory Stringer died from complications brought on by heat, the world took notice. Stringer was a Minnesota Viking at the time of his death, and was training in Mankato, Minn. This was not an area where heat issues were often considered. Nevertheless, the heat was overwhelming.
For people who work outdoors, this is always an issue. Whether it’s due to global warming or shorter memories, we continue to be astounded by the caliber of the heat and the length of our summers. In Florida, Arizona, Texas, and other Southern states, the concern is year round. In the construction industry, landscaping, and other occupations that demand workers remain outdoors, the heat represents specific challenges. Any company which employs a significant number of outdoor workers needs to take time to review its policies – a follow the lead of the NFL which made changes in its training operations – regarding the protection of workers from the tremendous impact that direct exposure to the sun can cause.
Currently, the Occupational Safety and Health Act has no specific regulations focusing squarely on employer responsibility where heat- and sun-related hazards play a part. What is more stringent and clearly demanded, however, is the Personal Protective Equipment (PPE) rule, which states that employers must provide both protective equipment and training to employees if they work under certain conditions. Exposure to sunlight and heat – established enemies in the construction industry – are included in these environmental hazards. This rule embraces apparel and equipment that protects an employee’s eyes, face, head, and extremities, as well as protective shields and barriers.
Company owners, take note: at least one OSHA Standard Interpretation of PPE specifically requires employers to protect their employees from overexposure to ultraviolet (UV) rays from the sun.
The rule however, is not as definitive in determining what degree or level of exposure merits “over-exposure.” Company owners and employees who do not take the proper precautions take risks that can run the gamut from absenteeism caused by illness, skin-burning, extreme exhaustion to collapse, unconsciousness and serious heat-related concerns. Employers would be wise to create policies that protect their employees – and enforce them. This also will reduce the possibility of workers’ compensation claims.
Company owners where outdoor work dominates must protect their business – and their people.
1. Create shifts that reduce exposure in the worst heat of the day. There’s no escaping the outdoors, but the timing may be controlled. Maximize schedules so that the peak sun times are not involved, often 10:00 am to 4:00 pm, or at least reduced. Rotate workers in and out of non-shaded areas of the job site to avoid overexposure of any one group of employees, and provide shaded break areas.
2. Require employees to protect themselves. Make mandatory the use of protective eyewear such as UV-resistant sunglasses. Encourage wearing hats with wide brims, and lightweight long-sleeved shirts to protect against skin cancer factors. Use common sense – urge workers to apply a sunblock of at least 15 SPF at all times and to reapply frequently. Keep employees hydrated. Water must be readily available. Provide training on use of these PPE, and make sure employees know how to obtain appropriate safety equipment, if they lose, misplace or break PPE previously provided to them.
3. Make workers aware of each other. Workers should look out for one another to detect wooziness, inability to focus, unsteadiness, reddening of the skin. Sometimes the victim of heat is the last one to be aware of what’s happening. Colleagues need to have each others’ backs.
4. Finally, educate employees on means of prevention and early detection. Keep them apprised of the early signs of heat exhaustion, dehydration and skin cancer. Provide them with the necessary equipment, and the necessary knowledge of what to look for. As with any illness or syndrome, early detection can prevent the situation from becoming serious.
5. Unfortunately, and for reasons which may seem inexplicable, some employees resist their employer’s efforts to ensure their workers’ safety. This is where enforcement of company safety policies is crucial. Employers should not be hesitant to discipline employees who violate such policies, even if that may mean termination of employment. Enforcement sends a clear message to all other employees that the company is serious about safety.
Don’t wait for an unpleasant occurrence to focus on preventive measures. Put plans and policies in place, and make enforcement routine.
Ken Knox is a partner with the Fort Lauderdale office of employment law firm Fisher & Phillips. He can be reached at www.laborlawyers.com
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