New Jersey's S2422: Blazing a Trail for Worker Heat Protection Amid Federal Uncertainty

New Jersey Senate Bill S2422 provides for an occupational heat standard and aims to protect workers. The state-level proposal is critical in light of the recent US Supreme Court decision on Federal regulations.

Occupational Safety and Health Administration (OSHA) Safety and Health Topics: Heat Stress

Workers' compensation claims result from heat stress and exposure. As the Mid-West and Northeast heatwave is now soaring to record temperatures, workers should protect themselves from heat exposure. Today's post was shared by Safe Healthy Workers and comes from www.cdc.gov

Dangers of Heat Illness

As temperatures rise in Louisiana, Texas, Arkansas, and Oklahoma the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) reminds employers to protect their employees from the dangers of working in hot weather.

OSHA’s message is simple: Water. Rest. Shade. Employers should encourage workers to drink water every 15 minutes, and take frequent rest breaks in shaded areas. Employers should:

1. Encourage workers to drink water every 15 minutes; and take frequent rest breaks in the shade to cool down;
2. Develop an emergency plan that explains what to do when a worker shows signs of heat-related illness;
3. Train workers on the hazards of heat exposure, and how to prevent illness; and
4. Allow workers to build a tolerance for working in heat.

The NJ Workers' Compensation Act "....provides for the awarding of workers' compensation benefits to victims of heat stroke or sunstroke in cases in which personal injury, or death, can be shown to have arisen out of and in the course of employment. Case law has generally provided for the awarding of compensation benefits in instances in which a previously healthy individual has succumbed to the effects of heat or sunstroke following a specific accident at work." "Where a foreman for a corporation observes circumstances transpiring in his presence leading reasonably to the conclusion that a workman, while working in the discharge of his duty under him, has sustained an injury, the foreman has knowledge of the injury within the purview of the Workers' Compensation Act, and his knowledge is imputed to his employer, the corporation. Merritt v. American Stevedores, 15 N.J.Misc. 710, 195 A. 382 (Com.Pl.1937)." Gelman, Jon L, Workers’ Compensation Law, 38 NJPRAC § 8.7.Particular injuries—Heat stroke or sunstroke (Thomson-Reuters 2019).

The OSHA-NIOSH Heat Safety Tool is a free, downloadable app that calculates a worksite’s heat index and displays the associated risk levels. Users can receive precautionary recommendations specific to heat index risk levels to help protect employees from heat-related illness. The tool is available in English and Spanish.

OSHA’s Occupational Heat Exposure page explains the symptoms of heat illness, first aid measures to provide while waiting for help, engineering controls and work practices to reduce workers’ exposure to heat, and training.

…. 

Jon L. Gelman of Wayne NJ is the author of NJ Workers’ Compensation Law (West-Thomson-Reuters) and co-author of the national treatise, Modern Workers’ Compensation Law (West-Thomson-Reuters). For over 4 decades the Law Offices of Jon L Gelman 1.973.696.7900 jon@gelmans.com has been representing injured workers and their families who have suffered occupational accidents and illnesses.

OSHA kicks off summer campaign to prevent heat-related illnesses and fatalities among outdoor workers

The U.S. Department of Labor's Occupational Safety and Health Administration has kicked off a national outreach initiative to educate workers and their employers about the hazards of working outdoors in hot weather. The outreach effort builds on last year's successful summer campaign to raise awareness about the dangers of too much sun and heat.

"For outdoor workers, 'water, rest and shade' are three words that can make the difference between life and death," Secretary of Labor Hilda L. Solis said. "If employers take reasonable precautions, and look out for their workers, we can beat the heat."

Every year, thousands of workers across the country suffer from serious heat-related illnesses. If not quickly addressed, heat exhaustion can become heat stroke, which has killed — on average — more than 30 workers annually since 2003. Labor-intensive activities in hot weather can raise body temperatures beyond the level that normally can be cooled by sweating. Heat illness initially may manifest as heat rash or heat cramps, but quickly can become heat exhaustion and then heat stroke if simple prevention steps are not followed.

"It is essential for workers and employers to take proactive steps to stay safe in extreme heat, and become aware of symptoms of heat exhaustion before they get worse," said Dr. David Michaels, assistant secretary of labor for occupational safety and health. "Agriculture workers; building, road and other construction workers; utility workers; baggage handlers; roofers; landscapers; and others who work outside are all at risk. Drinking plenty of water and taking frequent breaks in cool, shaded areas are incredibly important in the hot summer months."

In preparation for the summer season, OSHA has developed heat illness educational materials in English and Spanish, as well as a curriculum to be used for workplace training. Additionally, a Web page provides information and resources on heat illness — including how to prevent it and what to do in case of an emergency — for workers and employers. The page is available athttp://www.osha.gov/SLTC/heatillness/index.html.

OSHA also has released a free application for mobile devices that enables workers and supervisors to monitor the heat index at their work sites. The app displays a risk level for workers based on the heat index, as well as reminders about protective measures that should be taken at that risk level. Available for Android-based platforms and the iPhone, the app can be downloaded in both English and Spanish by visiting http://s.dol.gov/RI.

In developing last year's inaugural national campaign, federal OSHA worked closely with the California Occupational Safety and Health Administration and adapted materials from that state's successful campaign. Additionally, OSHA is partnering with the National Oceanic and Atmospheric Administration for the second year to incorporate worker safety precautions when heat alerts are issued across the nation. NOAA also will include pertinent worker safety information on its heat watch Web page athttp://www.noaawatch.gov/themes/heat.php.
Read this news release en Español.

Related articles

• Facebook, Organ Donations and Medical Privacy of Workers' Compensation (workers-compensation.blogspot.com)
• Federal Court Rules That Bankruptcy Court May Transfer Insurance Assets to Trust (workers-compensation.blogspot.com)
• Sidetracked By Drugs (workers-compensation.blogspot.com)
• US Department of Labor recovers $4.83 million in back wages, damages for more than 4,500 Wal-Mart workers (workers-compensation.blogspot.com)
• Delay By Worker Does Not Give Rise To Legal Malpractice (workers-compensation.blogspot.com)
• Privacy: Why Injured Workers Are Stalked With Junk Mail and Nuisance Calls (workers-compensation.blogspot.com)