Despite Hot Summer, OSHA Denies ETS (Emergency Temporary Standard)
This summer is hot. That’s apparent to anyone who has to go outside. But it’s especially obvious for the people who have to work in the summer heat. Despite temperatures breaking the 100-degree mark again and again, OSHA has denied a request to enact an ETS or Emergency Temporary Standard which would set a “heat threshold” for outdoor construction workers.
Groups including Public Citizen, United Electrical, Farmworker Justice, Radio and Machine Workers of America, and others called on the Occupational Safety and Health Administration to enact an ETS that would set an upper limit for outdoor workers, giving them relief from a day’s work if temperatures reached a certain level.
An ETS would be good for six months, according to SafetyNewsAlert.com, at which time OSHA could issue a permanent standard.
In order to issue an ETS, OSHA would have to find that a grave danger exists. This means there would have to be evidence “of a serious health impairment involving incurable, permanent or fatal consequence. Grave danger also involves risk that is higher than the ‘significant risk’ that is required to support a permanent standard.”
According to the petition sent to OSHA and signed by these various organizations:
This summer has been one of the hottest on record, with large areas of the country placed under “excessive heat warnings.” Deaths due to the heat have been reported in cities and towns across the country, and if prior years are any indication, the most vulnerable people in our society — including the elderly and certain workers — have likely borne the brunt of the serious and often fatal health effects (…) In one case this past July, construction workers in Indiana were actually fired for refusing to work in conditions that resulted in the hospitalization of a coworker for heat exhaustion.
Despite the strongly worded petition, OSHA has denied the request, stating that the risk of heat-related deaths does not exceed those of other hazards present.
While we blogged about OSHA’s campaign to raise heat-related awareness just a few weeks ago, many say this isn’t enough to force employers to keep construction workers safe.
Because there isn’t an OSHA standard in place and heat-related illness is possible and even probable in temperatures over 100 degrees, much of the safety precautions rest on workers.
Still, you have rights.
About Ginarte Construction Attorneys
At Ginarte, we help construction workers who are injured on the job. If you believe your rights have been violated and this resulted in a serious injury, we may be able to help you, too.
Contact our New York and New Jersey construction accident lawyers today at (888) GINARTE.
