OSHA Neglects to Prove Workplace Conditions Were Hazardous for Excessive Heat

During the multiple heat-related illness cases relating to the United States Postal Service (USPS), the Occupational Safety and Health Administration (OSHA) was able to establish extreme heat being a major workplace hazard. However, the agency neglected to provide effective abatement techniques in the case.

Due to this, the Occupational Safety and Health Administration Review Commission (OSHRC) supported the decision made by the administrative law judge to vacate citations in all but one case.

The Cases

These citations were related to seven employees working during the summer of 2016 in five cities. Every letter carrier experienced illness when they were out delivering mail in the extreme heat and had to get medical treatment. OSHA claimed that six of these workers became ill due to excessive heat. Five citations were filed against USPS for these alleged violations.

The Administrative Law Judge (ALJ) vacated the five citations after finding that OSHA neglected to prove the workplace conditions were hazardous and that effective and feasible measures were accessible to abate the conditions.

In four cases, the OSHRC agreed the agency established that the extreme heat conditions posed a hazard for the workers under the general duty clause but found the abatement suggestions OSHA made for the hazardous conditions for these cases fell short.

For the fifth one, the OSHRC found that USPS indeed neglected to offer proper heat-related illness training to the supervisors. Therefore, this case was remanded for additional review.

​OSHA Failing to Prove Effective Abatement Measures

According to OSHA, the USPS was in violation of the general duty clause as it failed to implement a proper program to manage exposure to extreme heat. Thus, OSHA suggested the following measures:

• Rest and work cycles
• Employee monitoring and emergency response plans
• Monitoring USPS data on heat-related illnesses among employees
• Decreasing the outdoor time of employees
• Equipping delivery vehicles with air-conditioning
• Acclimatization
• Providing heat-related illnesses training

However, the USPS proved that it was already following most of these measures or was already in the process of implementing them.

​Employers Must Establish Heat Illness Prevention Plans With Proper Training

This recent incident highlights the significance of a detailed heat illness prevention plan. Employers must not only have a written plan implemented but also provide sufficient training to their workers. Based on guidance provided by OSHA, supervisors must be trained to:

• Identify heat hazards and control them
• Spot early signs of heat illness or stress
• Provide appropriate first aid
• Quickly initiate emergency medical services

Aside from this, the guidance also recommends employers create a heat illness prevention plan that:

• Those employees returning from a break or new employees are acclimatized and gradually build up to work a full day in the heat
• Temperature and work exertion levels are monitored, classifying levels of physical exertion as heavy, moderate, and low
• Employees are provided easy access to water and have sufficient water to stay hydrated, along with proper breaks to rest
• Shades are installed to ensure employees can rest, or cooling systems or air conditioning is provided if feasible
• The buddy system should be implemented to encourage workers to monitor each other for heat-related illness symptoms
  

Training must be provided to workers to spot stages and signs of heat illness, steps to report them, provide appropriate first aid when needed, and understand how and when to get emergency medical assistance.

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This post, excerpted with approval from The Federal Regulatory Review published in August 2023, is provided by Regulatory Support Services, Inc. for informational purposes only. Nothing contained in this publication should be construed as legal advice. It is always recommended that you consult your legal counsel for legal advice specific to your business.

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Paul Harris is President and CEO of Regulatory Support Services, Inc., a company founded in 1994 and specializing in regulatory compliance consultation to the death care profession. He holds a North Carolina Funeral Service license and prior to joining the company was the Executive Director of the North Carolina Board of Funeral Service from 2004 until early 2012. Additionally, Paul served as the OSHA compliance officer for a large North Carolina-based funeral home and has eighteen years of first-hand knowledge of regulatory compliance issues.