On April 8, the Department of Labor (DOL) / Occupational Safety and Health Administration (OSHA) announced the first-ever national emphasis program (NEP) on heat-related hazards in the workplace would go into effect immediately. The NEP set a goal for the agency to double the number of workplace inspections related to heat. The NEP identifies the general duty clause, Section (5)(a)(1) of the OSH Act, as the mechanism to cite employers for heat-related hazards if all criteria to support such a citation are met. Those criteria are as follows:
- The employer failed to keep the workplace free of a hazard to which its employees were exposed.
- The hazard was recognized.
- The hazard was causing or was likely to cause death or serious physical harm.
- A feasible and useful method to correct the hazard was available.
To help AGC further engage with OSHA regarding concerns with the NEP, particularly inconsistent enforcement, and assist us in responding to the agency’s continued efforts to promulgate a federal standard on heat injury and illness, we are seeking information on contractor member experience related to enforcement under the NEP.
Currently, there are four state OSHA programs that have a standard regulating heat exposure in the workplace (CA, WA, MN and OR). Additionally, state OSHA programs are NOT required to adopt the Federal OSHA NEP. If your firm is based in one of the four states with a standard in place or your state OSHA program has not adopted the NEP, please do not complete the survey. However, we welcome information regarding your heat illness prevention program or related policies.
If you have been inspected under the NEP, this link will direct you to a brief survey about the basis for the inspection, any observations by the compliance safety and health officer, and the results of the inspection.
If you have not been inspected under the NEP, this link will direct you to a brief survey to describe the elements of your heat illness program or any policies that you have implemented to prevent employee injury or illness due to heat exposure.
Information collected by either survey will not be attributed to a specific firm and will only be used for AGC’s internal use.
For more information, please contact Kevin Cannon at kevin.cannon@agc.org or Nazia Shah at nazia.shah@agc.org.