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Onsite Safety

The Heat Factor: What Every Company Should Know

By Ken Knox  


As the summer heat index continues to rise virtually everywhere in the nation, it’s time for construction companies to review their policies for protecting workers from direct exposure to the sun.    

The Occupational Safety and Health Act does not provide specific regulations on employer responsibility for heat- and sun-related hazards. However, the Personal Protective Equipment (PPE) rule clearly states that employers must provide both protective equipment and training to employees if they work under certain conditions, including exposure to sunlight and heat. This rule embraces apparel and equipment that protects an employee’s eyes, face, head, and extremities, as well as protective shields and barriers.  

At least one OSHA Standard Interpretation of PPE specifically requires employers to protect their employees from overexposure to ultraviolet (UV) rays from the sun.   

The rule, however, is not quite as definitive in determining what level of exposure merits “over-exposure.”  While an OSHA visit for noncompliance is unlikely, the financial risks can be significant. From illness and skin-burning to extreme exhaustion and unconsciousness—and resulting workers’ compensation costs—employers would be wise to create and adhere to policies that protect their employees.   
  1. Create shifts that reduce exposure in the worst heat of the day. There’s no escaping the outdoors, but the timing can be controlled. Maximize schedules so peak sun times, often 10 a.m. to 4 p.m., are reduced. Rotate workers in and out of non-shaded areas of the jobsite to avoid overexposure of any one group of employees, and provide shaded break areas.
  2. Require employees to protect themselves. Make mandatory the use of protective eyewear such as UV-resistant sunglasses. Encourage wearing lightweight long-sleeved shirts to protect against skin cancer factors. Urge workers to apply sunblock and keep water readily available. Additionally, provide training on the use of these PPE.
  3. Make workers aware of each other. Coworkers should try to detect wooziness, inability to focus, unsteadiness or reddening of the skin. Sometimes the person most affected by heat is the least aware of what’s happening, so colleagues need to have each others’ backs.
  4. Educate employees on prevention and early detection. Keep them apprised of the early signs of heat exhaustion, dehydration and skin cancer.   
Every employer—and employee—must recognize the danger of heat and sunlight and make every effort to mitigate the impact.  Don’t wait for an unpleasant occurrence to focus on preventive measures.  Put plans and policies in place, and make enforcement routine.  


Ken Knox is a partner with Fisher & Phillips, Fort Lauderdale, Fla.  For more information, call (954) 847-4703 or visit www.laborlawyers.com.

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