#Occupational Safety and Health Administration (OSHA)
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would love to write a romance book where the main characters' names are noah and iris and everyone loves it and it gets super popular and people are obsessed and are posting meta about it and someone asks me on twitter (i get a twitter specifically in preparation for this) why i chose the names noah and iris. they have done the research and know that noah means both 'to rest' and 'in motion' which encapsulates his character, while 'iris' means rainbow which could be a nod to her being queercoded, which many readers have picked up on. i reply that noah is NOAA, the National Oceanic and Atmospheric Administration, and iris is IRS, the Internal Revenue Service. i never again answer another question about this
#kit to kit#morning thoughts with kit before she finishes her coffee are like#their best friends are Dea and Osha btw#(Drug Enforcement Agency and Occupational Safety and health administration)
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I took an OSHA 10 course as part of a certificate program several years ago. For every non-obvious regulation they gave specific examples of the horrific workplace accidents that prompted them. Bonus: if you're not squeamish look up all the worker deaths at Caterpillar plants (still happening afaik) because they didn't have guardrails
I’m still thinking about that “is OSHA regulations Cop Behavior” post. Like. You know who thinks regulations are for losers? People who build submersibles out of logitech gamepads and rejected carbon fibre. People who trust starlink as their only surface lifeline.
Do you wanna be like the fine film on the floor of the Atlantic that was once a billionaire? Is that the hill you’re really gonna die on?
We have an expression in my field- “Regulations Are Written In Blood”
People don’t have fucking safety standards as a power trip, we have them because somewhere in the past, NOT having those regulations killed or maimed someone.
A lot of laws out there are bullshit- safety regulations sure as fuck aren’t. I have the literal scars to prove it.
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I truly need someone to take firealpaca away from me... in other news, another silly little joke of a design has hit my redbubble:
yeah... yeah. once again, i cannot explain myself, but this webbed site thankfully seems to like osha jokes so i don't think i'd need to explain myself. tumblr sure is a place and unfortunately i love it here. you could get this as a sticker or pin or magnet and i think i left notebooks enabled too bc fuck it, why not.
will i ever make any meaningful good quality sticker designs?? um... no. only shitposts. teehee.
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Doing the online OSHA courses are so FUCKING BORING BRO!
IT'S THE MOST MIND NUMBING SHIT IT'S ALL JUST BASIC COMMON SENSE!
Although I guess it's understandable a lot of people seem to struggle with basic common sense.
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OSHA Proposes New, Far-Reaching Workplace Heat Safety Rule
In July 2024, the Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a proposed rule (the “Proposed Rule” or “Rule”) aimed at regulating and mitigating heat-related hazards in the workplace. If enacted, the long-anticipated Rule will have far-reaching impacts on businesses with employees who work in warm climates or who are otherwise exposed to heat-related…
#Cal/OSHA#department of labor#DOL#health#health-related hazards#labor#Loper Bright Enterprises v Raimondo#Occupational Safety and Health Administration#Oregon OSHA#OSHA#proposed rule#weather conditions
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[Image ID and source: A post in r/retailhell by u/InterestingAbalone, titled:
New workplace doesn't allow sitting, not even in the backroom on your break!!
Red flair: Tired of Corporate Bullshit
So I learnt some unsavoury stuff about a new workplace today I noted with mycoworker that the backrooms of both stores I've so far worked at never have a chair in the backroom, fridge or sink etc like pretty much every other retail shop and she confirmed that none of the stores with this brand will have them. She said that corporate don't allow chairs for staff in the backroom as you're not allowed to sit EVER while within the store, not even on your break. If you want to sit you'll have to sit on the FLOOR or completely leave the store and find seating elsewhere. There is no source of water within the shop, so you always have to bring water and if you run out, you need to leave the store to go buy water. If you
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need to mop or steam, which is a requirement of theirs, you need to leave the store and get water in a bucket and carry it back to the store. Which is water you would have to get from a communal bathroom. Another thing that shocked me, they never pay for leave. My coworker, who has been with the brand longer than myself and is on the part time/full time contract, confirmed that employees with the brand have leave that they can use but you will never receive pay for that leave. And also said she was worried about putting in leave because she would have no income during that time, and that they would just decline her leave for no reason. I was really shocked, because I've NEVER worked for a brand that didn't have paid leave - I thought it's a workers right to paid leave?? And I've never worked in a place that didn't allow me to sit, not even on my break or didn't have a source of water available like in the backroom? Anyone else have a similar workplace past or present? Should i be worried about this or what
/end ID]
I know a company that does both these things and no surprise, when you shop there, the employees are always miserable and agitated.You should kill your managers in such situations imo. The only reason I receive treatment slightly above this is i'm lucky enough to have managers who are also bothered by these business practices. The water one is especially bad if you have heat intolerance, I was so sick regularly before I switched to a department with more leniency regarding water.
Depending on where you live these things may violate labor laws though so if you're in the same situation look into it. However in my experience any labor law violations happen without consequence regardless
#i describe images#labor rights#labor laws#united states#us politics#osha#occupational safety and health administration#corporate policy#power trip
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Fate of Spring Regulatory Agenda Rides With Biden
The federal Spring Regulatory Agenda was released a few days ago, but the fate of future OSHA standards is linked to the fate of the President Biden …Fate of Spring Regulatory Agenda Rides With Biden
#Business#Climate Crisis#Confined Space#Construction#Employment#Fire Prevention#Fire Safety#Health#Heat Safety#News#Occupational safety and health#Occupational Safety and Health Administration#OSHA#OSHA Inspection#OSHA News#Personal protective equipment#Safety#Safety News#United States#United States Department of Labor#Workplace Fatality#Workplace Safety
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holy shit I just saw a suicide prevention ad from fucking OSHA. You cannot make this shit up.
#For my non US American followers osha is the occupational safety and health administration#Late stage capitalism is a fucking parody of itself#blobtalkstoomuch#Suicide mention tw
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What Are the Types of OSHA Violations?
In 2019, the US Bureau of Labor Statistics reported that over five thousand people were killed due to injuries they obtained while working. Their Census of Fatal Occupational Injuries that same year reported that fatalities had risen five percent in the private construction industry since 2018 and the number was the highest than it had been since 2007.
For 2020, The Occupational Safety and Health Administration (OSHA) released a report of their top 10 violations of the fiscal year. This report included the types of safety violations that most often resulted in injuries and even fatalities at workplaces.
What Are OSHA Violations
OSHA violations happen when a company or one of their employees does not adhere to the proper safety procedures or safety hazards are not addressed. A violation presents a risk for an accident or injury but does not necessarily mean this has happened yet. OSHA will administer inspections that may detect such violations before an incident. In some cases, OSHA may issue the company a fine or citation for the violation. If there is a willful violation and an employee is killed, there may also be criminal charges and penalties involved.
OSHA Violations vs OSHA Citations
Citations are often issued when a company commits a violation that does not necessarily present a danger to their employees. A citation is like a warning that serves to alert the company to the violation and let them know that they need to address it. A citation only becomes part of a company’s safety record if they receive it more than once. If the citation is issued two or more times within three years, it is considered a repeat offense.
Degrees of OSHA Violations
OSHA violations are identified by different degrees of severity. The following designations help determine the amount penalized.
Serious Violations
When a violation is too serious for just a citation, OSHA will also administer fines. According to the OSHA Act Section 17(k), violations are considered serious if they can cause severe injuries or death and should have been reasonably prevented by the employer. OSHA classifies the penalties for these violations on a gravity-based scale categorizing them by their severity with corresponding fines.
High-gravity violations are the most severe and carry fines of $14,502.
Moderate-gravity violations are of middling severity and can carry fines anywhere from $8,287 to $12,431.
Low-gravity violations are lower severity and carry fines for $6,215.
Many companies will hire workplace risk assessment consultants to help them identify these violations before they come to OSHA’s attention.
Other Than Serious Violations
OSHA considers violations that may pose a real risk to the health and safety of the employees, but will not result in injury or death, to be other-than-serious. These violations may incur the same fines as serious violations depending on the situation. In some cases, OSHA may decide to give a citation or reduce the amount of the penalty.
Violations that are considered other than serious are categorized as lesser and greater minimal-only violations. Lesser violations are generally met with a citation and no monetary fine. Greater violations may be met with a fine anywhere up to $14,502.
Willful or Repeated
Repeated violations within a three-year period can be met with fines up to a maximum penalty of $145,027 per violation. For serious repeated violations, the minimum penalty imposed is $10,360. If the violation is other than serious and did not initially warrant a monetary fine then the first repeated violation may be met with a $414 fine, the second with a $1,036 fine, and the third with a $2,072 fine.
A willful violation occurs when the employer is aware of the danger to their employees and ignores it. Fines for willful violations range from $10,360 to $145,027. If a willful violation results in a fatality, the penalty may be a hefty fine, prison time of up to six months, or both. When these fatalities result in criminal convictions, the fines may be as high as $250,000 for individual employers and $500,000 for corporations.
Penalties for serious willful violations may be reduced based on the size of the business and the number of employees.
10 or fewer employees result in an 80% penalty reduction
11-20 employees result in a 60% penalty reduction
21-30 employees result in a 50% penalty reduction
31-40 employees result in a 40% penalty reduction
41-50 employees result in a 30% penalty reduction
51-100 employees result in a 20% penalty reduction
101-250 employees result in a 10% penalty reduction
251 or more employees result in a 0% penalty reduction
Posting Requirements
When OSHA issues a citation or notice of violation to an employer, it must be posted in the area where the violation occurred. The posting must be in full view for all employees for at least three days or until the issue is resolved. These notices are also accompanied by a pamphlet that describes the issue, suggests solutions, and provides the date by which it must be remedied.
Failure to Abate
If an employer does not resolve the issue of the violation by the date provided with the notice, they may be fined for each day past that date that the issue goes unresolved. If the issue was never resolved, it is considered a failure to abate. If the issue was resolved and occurs again, it is considered a repeat violation.
De Minimus Violation
A de minimus violation refers to an issue that is technically a violation in that it does not comply with OSHA standards, but it does not necessarily pose a genuine risk to anyone’s health or safety. Rather than issue a citation or a penalty, OSHA will often provide a verbal warning to the employer and simply note the issue in the company safety file.
OSHA Fines & Penalties
As of January 2022, the following penalties are imposed for OSHA violations:
Serious violations – $1,036 to $14,502
Other than serious violations – $0 to $14,502
Willful or repeated violations – $10,360 to $145,027
Posting requirement violations – $0 to $14,502
Failure to abate violations – $14,502 per day past the abatement date up to 30 days
Can OSHA Fine Employees?
Individual employees are not fined by OSHA for safety violations. The employers are the ones responsible for maintaining the health and safety of their employees and keeping the workplace in compliance with OSHA standards.
Most Common Examples of OSHA Violations
The top ten most frequently fined OSHA violation examples of 2020 are:
Fall Protection with 5,424 violations
Hazard Communication with 3,199 violations
Respiratory Protection with 2,649 violations
Scaffolding with 2,538 violations
Ladders with 2,129 violations
Control of Hazardous Energy with 2,065 violations
Powered Industrial Trucks with 1,932 violations
Fall Protection Training with 1,621 violations
Eye and Face Protection with 1,369 violations
Machinery and Machine Guiding with 1,313 violations
The number one recommended way to prevent workplace incidents is though comprehensive training in OSHA safety standards. OSHA provides 10-hour online safety training courses for both construction and general industry workers. This course helps keep employees informed of the precautions necessary to keep themselves and each other safe.
OSHA also provides an annual report of the most common violations they find in order to give people additional information that can help them maintain safe and healthy work areas.
In 2020 the most common violations were found evenly in both construction and general industry. The list does not change too much from year to year, though the order of the categories may fluctuate.
Fall Protection
Fall protection has been the most commonly cited OSHA violation for ten years. Additionally, falling injuries are also the number one cause of fatalities in the construction industry. There are many ways in which a company might violate the fall protection standard set out by OSHA. Common fall protection violations involve incorrect methods of fall protections being used and the lack of or improper installation of safety features. OSHA mandates fall protection for workers when at a height of six feet or more. It is not enough that the protection be present, however. It must also be in good condition and working order.
Hazard Communication
Some jobs call for the use of chemicals and other hazardous substances. When handling or storing these materials, it is important to know the proper way to do so safely. This is why all hazardous substances must be labeled clearly and accompanied by emergency procedures. OSHA updated and revised their hazard communication standard in 2012 with new criteria and formatting for safety data sheets.
Respiratory Protection
OSHA’s respiratory protection standard serves to protect workers from substances in the air such as dust, smoke, toxic fumes, and other contaminants. Employers are required to ensure that the workplace has proper ventilation and that the employees are outfitted with the correct personal protective equipment.
In the wake of COVID-19, respiratory protection became a major factor with stricter guidelines. So many employers were failing to meet the standards in place that respiratory protection rose to the third most common OSHA violation from its spot at fifth place the previous year.
Scaffolding
OSHA’s data states that approximately 65 percent of construction industry employees work with scaffolding. When handling scaffolding, it is important to adhere to all safety precautions for the safety of those navigating the scaffolding as well as everyone below. The risk of people falling or getting hit by falling objects is a very real danger. Failure to comply with OSHA’s scaffolding standard causes over 4,500 injuries and over 60 deaths annually.
Ladders
The Centers for Disease Control and Prevention reported that almost 60 percent of ladder related fatalities happen within the construction industry. Construction industry ladder violations are generally due to employers not providing the right safety training. Another large issue is when workers use a type of ladder that is inappropriate for the task at hand. OSHA’s Ladders standard provides comprehensive guidelines for ladder safety such as staying within the ladder’s weight restrictions, maintaining proper clearance around the ladder, and ensuring the ladder is steady and secure on the ground.
Control of Hazardous Energy (Lockout / Tagout)
According to data compiled by OSHA, approximately 9 percent of fatalities in the construction industry are related to electrocution, often due to improper energy control during maintenance procedures. Non-fatal electrocution injuries are still serious and can result in burns and even broken bones. The control of hazardous energy standard laid out by OSHA is a guideline for workers to protect themselves from the energy stored in their equipment. OSHA requires that all energy be discharged from machinery properly or controlled by a lockout tagout device.
Powered Industrial Trucks
Powered industrial trucks are heavy machinery such as tractors and forklifts. They are specialized equipment that must be used properly and kept well maintained. OSHA’s powered industrial truck standard forbids anyone from operating these vehicles without proper training. This training includes how to identify and avoid hazards as well as dos and don’ts like not using a phone while driving.
Fall Protection Training
It is not enough that fall protection measures be put in place, OSHA’s training requirements for fall protection standard dictates that any workers who are at risk of falling hazards go through the proper training.
Workers must be properly trained in knowledge of when and where that protection is needed and taught to identify and avoid potential hazards. They must also be taught proper maintenance and operational procedures for all necessary equipment including assembly, disassembly, and safety inspection.
Eye and Face Protection
There are many hazards found in the workplace that leave thousands of people blinded each year. These hazards can be related to debris in the air, toxic substances, and in some professions such as welding, even intense light. The standard for eye and face protection set forth by OSHA provides regulations necessary for preventing injuries to the face and eyes. These regulations pertain to things like eye wash stations and their operational instructions, safety measures applied to machinery, and equipment such as goggles and other protective face coverings.
Machinery and Machine Guarding
Many industries involve the use of dangerous machinery. Proper operation procedures and safety measures are necessary to avoid injury. OSHA’s machine guarding standard provides information to help workers protect themselves from moving parts and apply safeguards where needed.
Avoiding OSHA Violations
Adhering to OSHA standards is not just about avoiding punishment, it is about keeping yourself and everyone around you safe and healthy. Entry level workers are highly encouraged to take OSHA’s ten-hour outreach course in order to learn the information they need to maintain workplace safety. There is also a thirty-hour course that provides more extensive information and training for workers in supervisory or safety-based positions.
One way companies work to prevent OSHA violations is by having a third party come in and perform their own inspection to catch issues right away. It is also good practice for managers and employees to be aware of their surroundings and be on the lookout for any potential violations themselves.
Proactive vs Reactive Approach
Many companies have a reactive approach to health and safety. This means that they only address issues when the issue becomes a problem, or someone forces their hand. This approach can have many negative effects on their workers and even the success of the company itself.
Companies are encouraged to take a proactive approach to health and safety. This means being aware of the rules and regulations set forth by OSHA, keeping management and employees fully trained, and always taking steps to catch and prevent potential violations.
If You Have Been Injured Due to OSHA Violations Contact Mesriani Law Group
It is management’s responsibility to ensure that a workplace or jobsite is conducive to the health and safety of their workers and to prevent injuries. OSHA has rules and regulations in place for a reason and when those rules are violated, people get hurt. Being injured in a workplace accident can be a trying time. Being injured because your boss failed in their duty to protect you can make things much worse. Oftentimes, employers will try to shift the responsibility onto the employee and say they are liable for their own injuries. Having a workman’s compensation attorney can help you navigate the entire process. If you have been injured at work as the result of an OSHA violation, call Mesriani Law Group today for a free consultation.
OSHA Violation FAQs
What are the most common OSHA violations?
Fall protection has been the number one OSHA violation for the past decade. A lack of fall protection means a higher risk of workers falling from dangerous heights. In the construction industry, injuries caused by falling are the most common cause of workplace deaths. Hazard communication has held the second place spot for nearly as long from 2012 through 2020. OSHA dictates strict guidelines for the labeling of dangerous substances and the availability of material safety data sheets containing all relevant product and safety information. Coming in at number three and reportedly stealing the number two spot for 2021 is respiratory protection. Workers must be provided the proper ventilation and PPE to keep them safe from contaminants in the air. A proposed reason for the rise in respiratory protection violations is the rise in regulations during the COVID-19 pandemic.
What are types of violations?
There are a few different types of OSHA violations. Serious violations are ones that pose an immediate threat of injury or death to the workers. Other-than-serious violations are ones that pose a threat to health and safety but may not cause injury or death. De minimus violations are ones that technically violate OSHA standards and regulations but do not pose a direct threat to the workers.
What are the two types of violations?
When a company commits an OSHA violation that is a hazard to the health and safety of their workers, they may be penalized and, depending on the seriousness of the violation, they could end up paying thousands of dollars in fines. If a violation is found that is not necessarily a substantial hazard, OSHA may instead issue the company a citation which is more of an official warning.
#California Employment Law#OSHA#Occupational Safety and Health Administration#Workplace Safety#Workplace Retaliation#Employment Law#Employment Lawyers#California Attorneys
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EHS Consultants Dubai
#EHS#SafetyFirst#WorkplaceSafety#EnvironmentalProtection#HealthAndSafety#SafetyCulture#OSHA (Occupational Safety and Health Administration)#RiskManagement#SafetyAwareness#SustainableLiving
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Too Hot to Work? America's Next Big Labor Battle
— By Giulia Carbonaro | August 14, 2023
A Newsweek photo graphic showing, from left, Texas Gov. Greg Abbott, Joe Biden and U.S. Senator Sherrod Brown. Newsweek; Source Photo; Brandon Bell/Getty; Alessandro Rampazzo/AFP Via Getty; Angelo Merendino/Getty Images
American workers are dying, local businesses are reporting a drop in productivity, and the country's economy is losing billions all because of one problem: the heat.
July was the hottest month on record on our planet, according to scientists. This entire summer, so far, has been marked by scorching temperatures for much of the U.S. South, with the thermometer reaching triple digits in several places in Texas between June and July.
In that same period, at least two people died in the state while working under the stifling heat enveloping Texas, a 35-year-old utility lineman, and a 66-year-old USPS carrier. According to the Bureau of Labor Statistics, there were 36 work-related deaths due to environmental heat exposure in 2021, the latest data available. This was a drop from 56 deaths in 2020, and the lowest number since 2017.
"Workers who are exposed to extreme heat or work in hot environments may be at risk of heat stress," Kathleen Conley, a spokesperson for the Centers for Disease Control and Prevention (CDC), told Newsweek. "Heat stress can result in heat stroke, heat exhaustion, heat cramps, or heat rashes. Heat can also increase the risk of injuries in workers as it may result in sweaty palms, fogged-up safety glasses, and dizziness. Burns may also occur as a result of accidental contact with hot surfaces or steam."
While there is a minimum working temperature in the U.S., there's no maximum working temperature set by law at a federal level. The CDC makes recommendations for employers to avoid heat stress in the workplace, but these are not legally binding requirements.
The Biden administration has tasked the Occupational Safety and Health Administration (OSHA) with updating its worker safety policies in light of the extreme heat. But the federal standards could take years to develop—leaving the issue in the hands of individual states.
Things aren't moving nearly as fast as the emergency would require—and it's the politics around the way we look at work, the labor market, and the rights of workers in the U.S. that is slowing things down.
A Deep Political Divide
"There's remarkably little in terms of regulation, and of course, given our divided political views in this country—on the right, Republicans in general, are trying to resist more regulation that's premised on continuing global warming," Gregory DeFreitas, Professor of Economics and Director of the Center for the Study of Labor and Democracy at Hofstra University, New York, told Newsweek.
There's a bill, initially introduced in 2019 and now revived by Senator Sherrod Brown of Ohio, a Democrat, that would move in the direction of setting a federal standard for temperature levels, and other heat-related requirements.
The Heat Illness and Fatality Prevention Act would create a universal heat standard requirement through OSHA for workers threatened by hot working conditions.
"No worker should have to endure life-threatening heat to provide for their family. This would be an important step to protect Ohio workers on the job," said Brown in a statement available on his website. "We know too many workers still work in dangerous conditions, putting their health and safety on the line every day to provide for their families. There's not much dignity in a job where you fear for your health or your life."
Newsweek has contacted Brown for comment by phone but did not receive a response.
"Given the political divisions, it's hard to say what its chances of passage are, although you'd think that another record-setting year in heat would put more pressure on taking similar action," DeFreitas said.
Members of the Hays County Emergency Service Districts and the Kyle and Buda Fire Departments rest together while combatting a wildfire during an excessive heat warning on August 08, 2023 in Hays County, Texas. Brandon Bell/Getty Images
This political division over safety regulations in the workplace, according to DeFreitas, started during Donald Trump's presidency. "The minute Trump got in office, he declared war on regulations," he said. "In 2017, he cut OSHA's job safety rules, employers were not required to make as frequent accident reports, there were to be no surprise inspections of factories and workplaces," he said.
"As a result what you have is a weakened federal agency, but that fits with the idea of deregulating businesses and giving them more freedom—the so-called voluntary self-regulation, which was common under both the Bush and the Trump administration."
He added: "That's a deep philosophical orientation of the current Republican Party, regardless of what the dangers are, whether it is climate change or anything else, they want to cut as much regulation and regulatory steps as they can." Newsweek contacted OSHA but did not receive a prompt response.
Billions Up in Smoke
As well as harming or losing people, the country is losing money to the heat.
According to a recent study by the Adrienne-Arsht Rockefeller Foundation Resilience Center, housed at the Atlantic Council, the U.S. is already losing approximately $100 billion on average every year from the drop in labor productivity caused by the current level of heat.
That's "approximately the annual budget for the Department of Homeland Security ($51.7 billion) and the Department of Housing and Urban Development ($44.1 billion) combined (U.S. Government Publishing Office 2019)," researchers write.
The study estimates that, if no significant effort is made to reduce emissions or adapt to extreme heat, labor productivity losses could double to nearly $200 billion by 2030 and reach $500 billion by 2050.
For labor experts, there's no doubt that the extreme heat, which is becoming more frequent due to climate change and our collective failure to bring down carbon emissions on a global level, calls for drastic changes in the way Americans work.
"It's a huge but under-appreciated issue that we're dealing with, not just with outdoor workers, but also oil and gas field workers, people working in warehouses, construction workers," Kurt Shickman, director of Extreme Heat Initiatives at the Adrienne Arsht-Rockefeller Foundation Resilience Center, told Newsweek. "It's a huge swath of our economy that's already increasingly affected by the heat today."
When it's really hot outside, people work more slowly and they are more prone to make mistakes and have accidents, said Shickman. "You may have situations where the weather is so dangerous that you just physically can't have people outside, so you lose work hours," he added.
"We're going to need all kinds of dramatic changes in terms of factory design, warehouse design, and workplace design," said DeFreitas. "The bill is going to be very, very high unless we do something dramatic soon."
Shickman thinks that change is going to depend on regulation. "I don't think we can count on this being self-policed by businesses. It hasn't been so far."
A State-Level Battle
In the immediate future, protecting workers from heat stress—when it's so hot that the body can't keep its ideal internal temperature and can suffer heat stroke and exhaustion—is then up to state lawmakers and the businesses themselves.
California, for example, has set a maximum temperature at which outdoor workers can safely do their job, as well as introducing other regulations aimed at protecting employees, like more frequent periods in the shade and water breaks. More action has been taken in this direction in a handful of states including Minnesota, Washington, Oregon, and New York.
But while states like California have succeeded in introducing effective safety regulations, in other states similar attempts have been rebuffed by the opposition of industry groups and lobbyists.
In Texas, Republican Governor Greg Abbott recently approved a law rescinding city and county ordinances requiring mandatory water breaks for construction workers—a move that generated much controversy and backlash from Texas Democrats. Supporters of the bill, on the other hand, said the law will help rein in local and county officials that have exceeded their authority and will give small businesses the consistency they need to invest and grow.
Heat waves cause distortion on the horizon as a pedestrian walks along South Las Vegas Blvd in Las Vegas, Nevada, on July 30, 2023, as temperatures reach more than 100 degrees Fahrenheit. Patrick T. Fallon/AFP Via Getty Images
In Nevada, lawmakers for months have put off giving final approval to heat safety regulations adopted by OSHA, as the state's Department of Business and Industry discusses the concerns of industry groups over the new policies, as reported by The Washington Post.
"With our workers outside during extreme heat, requiring basic water and rest breaks is just common sense—and it will save lives," Nevada Senator Catherine Cortez Masto, a Democrat, told Newsweek. "As we continue to experience record heat waves, we need to hold employers accountable and protect workers across the country."
The Cost of Change
Investing in making the workplace safer for employees might cost companies more than they're willing to spend, even as they are losing workers' productivity and hours.
"A lot of the generalized skilled work, what we would call lower skilled work, is in warehouses," Lindsey Cameron, an assistant professor of management at the Wharton School, University of Pennsylvania, told Newsweek. "Warehouses are big, massive football fields. It costs a lot of money and a lot of infrastructure to try to cool down. And sometimes it's just impossible because you have all these trucks going in and out and people going in and out."
Some businesses have already moved to protect their workers from heat, knowing that the cost of ignoring the issue could eventually be higher than trying to fix it.
A construction worker moves materials as people sit and drink water along the steps of the Lincoln Memorial in Washington, DC, on July 27, 2023, as temperatures are expected to reach record highs. Brenden Smialowski/AFP Via Getty Images
Jose Garza, the national environmental health and safety leader at California-headquartered general contractor DPR Construction, told Newsweek that the company—which has over 10,000 employees—has implemented heat safety procedures that go beyond the state-mandated regulation, including introducing cooling stations, handing out electrolyte drinks, and giving more breaks to workers.
"We see it as the cost of taking care of people and the right thing to do," he said. "You can either plan for it or react to it, because if you're not planning for it, those breaks are going to happen when the worker is no longer able to work, when they're sick, when they're well beyond the point where their bodies are unable to cool themselves down."
Garza said that employers who care about their workers should go "above and beyond" available regulation to protect them from heat.
'A Long Time' Coming
Experts agree that change won't come from the businesses—and will likely not come soon unless there's committed political action.
"It's really going to take both state and federal movement on this," DeFreitas said. "And I'm hoping that certainly in states like New York, where there does seem to be more attention to workplace safety, that they can move in the direction of the federal bill that's now stuck in progress."
"I don't think the United States has such a great backbone when it comes to climate issues," said Cameron. "We pulled out of the Paris Agreement [under former President Trump in 2017, but rejoined in 2021 under President Joe Biden]. I think there's going to be a lot more attention given to climate change, but it may take a long time to be able to see those changes."
#Newsweek#Too Hot Climate#America’s 🇺🇸 Next Big Labor Battle#Giulia Carbonaro#Scortching Heat#U.S. South#Texas#Bureau of Labor Statistics#Kathleen Conley#Centers For Disease Control and Prevention (CDC)#Occupational Safety and Health Administration (OSHA)#Political Divisions#Republicans#Gregory DeFreitas#Study of Labor and Democracy at Hofstra University | New York#Senator Sherrod Brown of Ohio (D)#The Heat Illness and Fatality Prevention Act#Adrienne-Arsht Rockefeller Foundation Resilience Center#Department of Homeland Security#Department of Housing and Urban Development#Kurt Shickman#Minnesota | Washington | Oregon | New York#Texas Governor Greg Abbott (R)#Nevada#The Washington Post#Nevada Senator Catherine Cortez Masto (D)
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More good things the Biden administration is doing: OSHA heat safety rules for workers
Remember when Texas and Florida passed laws preventing local and municipal governments from implementing their own heat safety rules and said that if heat is such a big problem, OSHA should make rules that apply to everyone? If not, NPR can remind you. OSHA has now accepted the challenge, moving much faster than they usually do:
OSHA National News Release U.S. Department of Labor July 2, 2024 Biden-Harris administration announces proposed rule to protect indoor, outdoor workers from extreme heat WASHINGTON – The U.S. Department of Labor has released a proposed rule with the goal of protecting millions of workers from the significant health risks of extreme heat. If finalized, the proposed rule would help protect approximately 36 million workers in indoor and outdoor work settings and substantially reduce heat injuries, illnesses, and deaths in the workplace. Heat is the leading cause of weather-related deaths in the U.S. Excessive workplace heat can lead to heat stroke and even death. While heat hazards impact workers in many industries, workers of color have a higher likelihood of working in jobs with hazardous heat exposure. “Every worker should come home safe and healthy at the end of the day, which is why the Biden-Harris administration is taking this significant step to protect workers from the dangers posed by extreme heat,” said Acting Secretary of Labor Julie Su. “As the most pro-worker administration in history, we are committed to ensuring that those doing difficult work in some of our economy’s most critical sectors are valued and kept safe in the workplace.” The proposed rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. Among other things, the plan would require employers to evaluate heat risks and — when heat increases risks to workers — implement requirements for drinking water, rest breaks and control of indoor heat. It would also require a plan to protect new or returning workers unaccustomed to working in high heat conditions. “Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them,” said Assistant Secretary for Occupational Safety and Health Douglas L. Parker. “Today’s proposal is an important next step in the process to receive public input to craft a ‘win-win’ final rule that protects workers while being practical and workable for employers.” Employers would also be required to provide training, have procedures to respond if a worker is experiencing signs and symptoms of a heat-related illness, and take immediate action to help a worker experiencing signs and symptoms of a heat emergency. The public is encouraged to submit written comments on the rule once it is published in the Federal Register. The agency also anticipates a public hearing after the close of the written comment period. More information will be available on submitting comments when the rule is published. In the interim, OSHA continues to direct significant existing outreach and enforcement resources to educate employers and workers and hold businesses accountable for violations of the Occupational Safety and Health Act’s general duty clause, 29 U.S.C. § 654(a)(1) and other applicable regulations. Record-breaking temperatures across the nation have increased the risks people face on-the-job, especially in summer months. Every year, dozens of workers die and thousands more suffer illnesses related to hazardous heat exposure that, sadly, are most often preventable. The agency continues to conduct heat-related inspections under its National Emphasis Program – Outdoor and Indoor Heat-Related Hazards, launched in 2022. The program inspects workplaces with the highest exposures to heat-related hazards proactively to prevent workers from suffering injury, illness or death needlessly. Since the launch, OSHA has conducted more than 5,000 federal heat-related inspections. In addition, the agency is prioritizing programmed inspections in agricultural industries that employ temporary, nonimmigrant H-2A workers for seasonal labor. These workers face unique vulnerabilities, including potential language barriers, less control over their living and working conditions, and possible lack of acclimatization, and are at high risk of hazardous heat exposure.
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Things Biden and the Democrats did, this week #25
June 28-July 5 2024
The Department of Labor's Occupational Safety and Health Administration (OSHA). Is putting forward the first ever federal safety regulation to protect worker's from excessive heat in the workplace. As climate change has caused extreme heat events to become more common work place deaths have risen from an average of 32 heat related deaths between 1992 and 2019 to 43 in 2022. The rules if finalized would require employers to provide drinking water and cool break areas at 80 degrees and at 90 degrees have mandatory 15-minute breaks every two hours and be monitored for signs of heat illness. This would effect an estimated 36 million workers.
The Federal Emergency Management Agency announced $1 Billion for 656 projects across the country aimed at helping local communities combat climate change fueled disasters like flooding and extreme heat. Some of the projects include $50 Million to Philadelphia for a stormwater pump station and combating flooding, and a grant to build Shaded bus shelters in Washington, D.C.
The Department of Transportation announced thanks to efforts by the Biden Administration flight cancellations at the lowest they've been in a decade. At just 1.4% for the year so far. Transportation Secretary Pete Buttigieg credited the Department's new rules requiring automatic refunds for any cancellations or undue delays as driving the good numbers as well as the investment of $25 billion in airport infrastructure that was in the Bipartisan Infrastructure Law.
The Department of Transportation announced $600 million in the 3rd round of funding to reconnect communities. Many communities have been divided by highways and other Infrastructure projects over the years. Most often effecting racial minority and poor areas. The Biden Administration is dedicated to addressing these injustices and helping reconnect communities split for decades. This funding round will see Atlanta’s Southside Communities reconnected as well as a redesign for Birmingham’s Black Main Street, reconnecting a community split by Interstate 65 in the 1960s.
The Biden Administration approved its 9th offshore wind power project. About 9 miles off the coast of New Jersey the planned wind farm will generated 2,800 megawatts of electricity, enough to power almost a million homes with totally clear power. This will bring the total amount of clean wind power generated by projects approved by the Biden Administration to 13 gigawatts. The Administration's climate goal is to generate 30 gigawatts from wind.
The Biden Administration announced funding for 12 new Regional Technology and Innovation Hubs. The $504 million dollars will go to supporting tech hubs in, Colorado, Montana, Indiana, Illinois, Nevada, New York, New Hampshire, South Carolina, Florida, Ohio, Oklahoma, and Wisconsin. These tech hubs together with 31 already announced and funded will support high tech manufacturing jobs, as well as training for 21st century jobs for millions of American workers.
HHS announced over $200 million to support improved care for older Americans, particularly those with Alzheimer’s and related dementias. The money is focused on training primary care physicians, nurse practitioners, and other health care clinicians in best practices in elder and dementia care, as well as seeking to integrate geriatric training into primary care. It also will support ways that families and other non-medical care givers can be educated to give support to aging people.
HHS announced $176 million to help support the development of a mRNA-based pandemic influenza vaccine. As part of the government's efforts to be ready before the next major pandemic it funds and supports new vaccine's to try to predict the next major pandemic. Moderna is working on an mRNA vaccine, much like the Covid-19, vaccine focused on the H5 and H7 avian influenza viruses, which experts fear could spread to humans and cause a Covid like event.
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Anti-mask policies and decision makers are using the momentum of anti-masking in the context of covid to also prevent people from accessing or using respirators to protect their breathing and lungs from other hazards -- things that were accepted in many industries as standard safety protocols before 2020.
"“During his first week, Complainant started coughing up black phlegm, his throat and tongue would burn, and he began having breathing problems due to excessive smoke and fumes from the cupola. He notified Sturgeon but nothing changed, and he was not provided a respirator.”
After not receiving a respirator, the lawsuit said the man went to the dispensary room and picked up a respirator himself.
He wore the respirator for the next week until the lawsuit said the safety supervisor saw him wearing it and “immediately became very upset; he rudely admonished the Complainant in front of his co-workers for wearing the respirator and demanded that he take it off immediately.”
According to the lawsuit, he told the safety supervisor he did not feel safe doing his job without it and was pulled into a meeting the next day where he was told he would not be allowed to wear a respirator.
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After the meeting, the complaint said he was assigned to shovel gravel for the day before going home for the weekend at the end of his shift. On Monday, his employment was terminated.
The Occupational Safety and Health Administration (OSHA) opened an investigation into the company after learning of the alleged retaliation, and the DOL said in a statement that OSHA investigators with the Whistleblower’s Protection Program found the company violated federal protections by terminating the employee who exercised their protected rights to request protective equipment."
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Maybe we'll finally see some handrails <3
I like that in the acolyte, characters continue to comment on the dangerous nature of the protagonist's Job, as a meknek.
The protagonist who's name is OSHA.
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