On a scorching summer day in San Antonio, Texas, 24-year-old Gabriel Infante was battling more than just the heat. It was the fifth day of his new job installing fiber optic cables, and the heat index had soared over 100 degrees. By late afternoon, Gabriel was dazed and sweating profusely. In a fit of delirium, he lunged at a coworker, convinced his colleagues were out to get him. Moments later, he collapsed, hitting his head.
Despite clear signs of heat stroke, the site supervisor called for a drug test instead of immediate medical attention. EMTs confirmed he was suffering from heat stroke, but it was too late. Gabriel’s body was shutting down from heat exhaustion. He passed away in the early hours of June 24, 2022, his body temperature nearing 110 degrees. His mother, Velma Infante, remembers the devastating loss, “He went to work Monday. By Friday, he had his accident, and my son was gone Saturday morning. Basically, they told me his organs were fried.”
Velma Infante is now suing her son’s former employer, B Comm Constructions, alleging “gross negligence” in his death. The lawsuit claims that Infante and his coworkers were not given proper protection from the heat, “nor were there any policies or systems in place to safeguard from the known hazards associated with extreme heat conditions.”
This tragic story underscores the critical importance of heat safety in the workplace. Every worker deserves to return home safely to their families.
The Rising Threat of Heat-Related Illnesses in the Workplace
Heat-related illness has long been recognized as an occupational hazard. The frequency of extreme heat conditions is rising across the United States, putting an increasing number of workers at risk for injury, illness, and death (see diagram below for the top industries that are at risk according to OSHA). During extreme heat events, workers may experience heat-related illnesses such as heat exhaustion and heat stroke, sustain injuries from high heat exposure like burns or falls due to dizziness, and face worsened preexisting conditions such as asthma, kidney disease, or heart disease. These health issues also carry economic consequences, including reduced worker productivity, higher healthcare costs and workers’ compensation claims, and threats to workers’ financial stability due to missed work.
Outdoors | Indoors |
Agriculture | Bakeries, kitchens, and laundries (sources with indoor heat-generating appliances) |
Construction – especially, road, roofing, and other outdoor work | Electrical utilities (particularly boiler rooms) |
Construction – roofing work | Fire Service |
Landscaping | Iron and steel mills and foundries |
Mail and package delivery | Manufacturing with hot local heat sources, like furnaces (e.g., paper products or concrete) |
Oil and gas well operations | Warehousing |
As summer temperatures soar, safeguarding your employees from heat-related illnesses and injuries needs to become a top priority. Here are essential steps every business should take to ensure their workforce stays safe and healthy during the hot months.
Understanding OSHA’s Requirements
The U.S. Department of Labor has introduced a proposed rule aimed at safeguarding millions of workers from the severe health risks posed by extreme heat. Once finalized, this rule will protect around 36 million workers in both indoor and outdoor environments, significantly reducing heat-related injuries, illnesses, and fatalities in the workplace. While we await the finalization of a specific heat-related standard, the Occupational Safety and Health Administration (OSHA) already mandates employers to address heat hazards under the General Duty Clause. This clause requires employers to maintain a workplace free from recognized hazards that could cause death or serious physical harm.
Additionally, OSHA has implemented a National Emphasis Program (NEP) focusing on heat-related illnesses and injuries. This program targets workplaces with prevalent heat hazards, ensuring proactive measures are in place until April 2025.
State-Specific Regulations
Employers should be aware that state-specific regulations may vary. For a comprehensive list of OSHA-Approved State plans please visit https://www.osha.gov/stateplans. Here are a few state examples:
- California: Enforces an outdoor heat illness prevention rule and recently updated their indoor standards on June 20, 2024.
- Oregon: Implements permanent safety standards for heat-related injuries.
- Washington: Updated their heat-related hazard rules in June 2023. One of the most significant changes in the revised rule is that the rule now applies year-round. In addition, employers must draft a heat exposure safety program, take steps to quickly provide training to supervisors and employees on its heat-prevention and response plan and update its written literature to include those response plans. Furthermore, after the initial training provided to employees and supervisors, annual training is required of supervisors.
- Nevada: Has a heat NEP and may soon implement permanent regulations.
Proactive Steps for Employers
To protect your workers and comply with regulations, consider these practical steps:
- Draft a Prevention Program: Conduct a thorough hazard analysis of job duties and workspaces exposed to extreme heat.
- Training: Educate employees on heat illness prevention and ensure managers are vigilant in spotting and addressing potential issues. Train employees to recognize the signs of heat-related illnesses in themselves and their coworkers.
- Monitor the Heat Index: Use the heat index as a screening tool to plan work schedules and preventive measures. This combines air temperature and relative humidity to determine how hot it feels.
- Health Monitoring and Medical Screening: Regularly check on workers. Conduct medical screenings for those operating in high-heat environments. Consider using wearable devices to monitor stress, exhaustion, humidity, and temperature.
- Rest Breaks: Provide frequent, unscheduled breaks in shaded areas. For instance, rest for 5 minutes every hour when temperatures exceed 87.8°F
- Hydration: Ensure easy access to cool water and encourage employees to stay hydrated. Drinking 4-6 ounces of water every 15-20 minutes is recommended.
- Shaded Areas and Proper Ventilation: Ensure your facility is well-ventilated using portable fans, ceiling fans, and exhaust fans to create airflow. Dehumidifiers can help maintain a cooler environment. Additionally, provide shaded areas and cooling fans for outdoor workers, and supply hats for sun protection.
- Flexible Scheduling: Adjust work schedules to avoid peak heat times and rotate crews to minimize heat exposure.
- Acclimatization: Gradually introduce workers to hot environments to help them acclimatize and/or closely monitor those employees not yet acclimated to the environment. Review your state’s requirements regarding acclimation.
- Emergency Preparedness: Ensure access to first aid and prompt medical attention for any heat-related symptoms.
By implementing these measures, you not only comply with regulatory requirements but also demonstrate a commitment to the well-being of your employees. Remember the key elements for heat safety: Rest, Water, Shade. Taking these proactive steps can prevent heat-related illnesses and injuries, creating a safer work environment for all.
Stay updated on the latest workplace safety practices with JB Consulting Systems. Contact us for more information or assistance in developing your heat illness prevention program.
Sources:
- OSHA General Duty Clause, https://www.osha.gov/laws-regs/oshact/section5-duties
- OSHA National Emphasis Program (NEP), https://www.osha.gov/enforcement/directives/cpl-03-00-024
- California Heat Illness Prevention, https://www.dir.ca.gov/dosh/heatIllnessInfo.html
- Oregon Heat Safety Standards, https://osha.oregon.gov/OSHARules/div1/437-001-0744.pdf
- Washington Heat Stress Information, https://lni.wa.gov/safety-health/safety-training-materials/workshops-events/beheatsmart
- Nevada Heat Safety Regulations, https://www.4safenv.state.nv.us/
- https://www.fisherphillips.com/en/news-insights/protect-workers-this-summer-feds-prepare-to-finalize-heat-rule.html
- https://www.manufacturing.net/safety/blog/22340169/top-10-ways-to-ensure-worker-safety-during-the-summer-heat
- https://www.americanprogress.org/article/extreme-heat-is-more-dangerous-for-workers-every-year/
- https://www.osha.gov/heat-exposure
- https://www.cnn.com/2023/08/19/business/extreme-heat-texas-worker-deaths-demand-change/index.html