danflytr
06-26-2009, 04:41 PM
I am just wondering is there a state or federal law that prevent employers from exposing workers to excess outside temps?("exp: 115 degrees and over") for extended periods of time like 4 hours straight?
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danflytr 06-26-2009, 04:41 PM I am just wondering is there a state or federal law that prevent employers from exposing workers to excess outside temps?("exp: 115 degrees and over") for extended periods of time like 4 hours straight? cyjeff 06-26-2009, 04:42 PM I am just wondering is there a state or federal law that prevent employers from exposing workers to excess outside temps?("exp: 115 degrees and over") for extended periods of time like 4 hours straight? No, there isn't. If you have an outside job and that is the outside temp, it is within limit. danflytr 06-26-2009, 04:49 PM No, there isn't. If you have an outside job and that is the outside temp, it is within limit. Thanks just thought I would ask. Pattymd 06-26-2009, 05:27 PM One of the drawbacks of living in Arizona.:) mikecj 06-29-2009, 12:05 PM danflytr, Actually, the reply below is not correct. While there is no specific federal law specifiying what is considered hazardous ambient temperatures. The Occupational Safety and Health Administration uses the "general duty clause" to cover those unsafe situations which are not covered under specific standards. In general, the clause says that employers must provide a workplace that is free of recognized temperatures. Heat stress falls under that rubric.Try going to osha.gov and look under "heat stress". Since Arizona has a state program, they are the ruling body. A check on their website had quite a few things on heat stress and heat related illness. MikeCJ Pattymd 06-29-2009, 12:21 PM But the question was, is there a state or federal LAW and there is not. OSHA merely provides guidelines. Eng&SafetyMGR 06-29-2009, 12:30 PM Not AZ but a recent crackdown by CALOSHA has levied some hefty fines for Heat Stress situations. They seem to be much more agressive than the Fed's but the Mike is on track that these violations all come under the "General Duty" clause. http://www.safetynewsalert.com/california-shuts-down-five-farm-labor-contractors-for-violation-os-heat-regulations/ Shutting down a business seems to help get the message across. We have no way of knowing if the OP's situation would qualify but they can always call and ask. In the meantime, OP, drink plenty of fluids. mikecj 06-29-2009, 01:12 PM Pattymd, The following excerpt is from an intepretation but it provides an excellent explanation of how the general duty clause is used. As you know, hazards for which OSHA does not have a specific standard are governed by Section 5(a)(1) of the Occupational Safety and Health Act (the Act; General Duty Clause) which requires that employers provide employment and a place of employment that are free from recognized hazards that are causing or are likely to cause death or serious physical harm. Citations for violations of the General Duty Clause are issued when the four components of this provision are present, and when no specific OSHA standard has been promulgated to address the recognized hazard. These four components are: 1) the employer failed to keep his/her workplace free of a "hazard"; 2) the hazard was "recognized" either by the cited employer individually or by the employer's industry generally; 3) the recognized hazard was causing or was likely to cause death or serious physical harm; and 4) there was a feasible means available that would eliminate or materially reduce the hazard. With respect to OP question, OSHA would defer to the ACGIH recommendations regarding heat stress but the general duty clause gives it the force of law. Four hours in 115 F temperatures would defintely ssatify the above criteria. Good discussion. This is fun. MikeCJ Eng&SafetyMGR 06-29-2009, 01:47 PM Agree with pretty much everything Mike said except for this which I feel compelled to clarify; Four hours in 115 F temperatures would defintely ssatify the above criteria. That's too broad a statement for me. While the above example may very well qualify as a Heat Stress envoirnment, air tempaerature alone is not a detailed enough qualifier. What counts is the WBGT index. Which is an index that takes into account Temperature, Humidity, Wind Speed and Solar Radiation. This index is used to figure out your exposure limits (PHEL). It's not inconceivable that an area with 115 deg air temp, low humidity and a good breeze could yield a "stay time" of 4 hours plus. The OP also failed to mention very important issues like access to water, shade, etc. |
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