From In The Times:
by Elizabeth Grossman
The summer of 2016 is barely two weeks old, but this year is already on track to break high temperature records in the United States. On June 20, cities across the Southwest and into Nevada reached all-time triple-digit highs. Meanwhile, every single state experienced spring temperatures above average, with some in the Northwest reaching record highs. These temperatures have already proved deadly, killing five hikers in Arizona earlier this month. Triple-digit heat earlier that same week is also being blamed for the deaths of two construction workers, 49-year old Dale Heitman in St. Louis, Missouri, on June 15 and 55-year old Thomas F. “Tommy” Barnes on June 14 at the Monsanto campus in nearby Chesterfield, Missouri.
“I’ve been around since 1973 and we’ve never seen anything like this,” David Zimmermann, president and business manager of Sheet Metal Workers Local 36, told the St. Louis-Southern Illinois Labor Tribune. “With these new buildings, once they close them in, with the guys working in there, it’s like working in a big oven.”
While 100-degree heat in June may be unusual, serious illness and deaths caused by extreme heat at U.S. job sites is not. Last year, the federal Occupational Safety and Health Administration (OSHA) received more than 200 reports of workers hospitalized because of heat-related illness and at least eight deaths associated with heat exposure. According to OSHA, since 2003, heat has killed—on average—more than 30 workers a year. In 2014, 2,630 U.S. workers suffered from heat illness and 18 died on the job from heat stroke and related causes.
Of these deaths, nine occurred in the workers’ first three days on the job, four of them on the worker’s first day—and at workplaces where employers had no way of allowing new workers to acclimatize to the heat. These numbers have been even worse in the past. In 2011, heat killed 61 U.S. workers and sickened 4,420. OSHA has already begun investigating several heat-related on-the-job fatalities this year, including the two in Missouri.
“Heat can kill. And it is especially tragic when someone dies of heat exposure because they’re simply doing their job. We see cases like this every year and every one of them is preventable,” said Assistant Secretary of Labor for Occupational Safety and Health, David Michaels on a June 27 call with reporters. “We also know that in this current heat wave workers are concerned about their safety. In fact we’ve received a record number of emails, comments and questions regarding heat and worker rights in recent weeks.”
Michaels spoke with reporters as part of OSHA’s launch of this year’s “water-rest-shade campaign,” the agency’s ongoing effort to prevent work-related heat illness.
As part of its campaign, OSHA is upping its efforts to educate employers and workers on the danger of heat. OSHA’s Atlanta region that covers eight southern states planned a one-hour safety “stand down” at construction sites and other workplaces. OSHA has also updated its “heat app” for smartphones and tablets. This uses National Weather Service data to calculate the heat index at worksites and advise when the risk level is high. The app, which is available in English and Spanish, also includes information about identifying and preventing heat illness. According to OSHA the app has already been downloaded more than 250,000 times.
No federal heat standards
California has a “heat illness prevention regulation” that applies to all outdoor workplaces. The state also requires employers in agriculture, construction, landscaping, transportation and oil and gas extraction to take special measures when temperatures hit 95ºF or higher. Washington state also has an “outdoor heat exposure rule” that includes specific temperatures that trigger protective action.
But there are no specific federal extreme heat standards—in other words, no set temperatures at which employers are required to pull workers off the job. But under federal law, and OSHA’s general workplace safety standards, employers are required to protect workers from excessive heat and heat illness at whatever temperature that might occur. And if workers are going to be exposed to high temperatures, their employer is supposed to have a heat illness prevention program. This includes providing workers with water, rest and shade. It should also allow workers to acclimatize to the heat, and train workers to monitor for and prevent extreme heat exposure and illness.
According to the U.S. Environmental Protection Agency (EPA), seven of the ten warmest years on record for the 48 contiguous U.S. states have occurred since 1998, with 2012 the warmest in the U.S.—and 2014, the hottest worldwide—thus far. So extreme heat and unseasonably high temperatures are far from new. But workers continue to succumb.
A search of OSHA’s workplace inspections and safety violations database shows 70 investigations related to heat stress since 2006. These include at least 20 fatalities. Of these 70 investigations, more than 20—including at least five fatalities—occurred in a construction-related industry. Nine involved delivery service workers, among them two U.S. Postal Service workers who died of heat exposure. Eight incidents involved landscaping workers, eight of whom died. Farm work has proved similarly dangerous for heat exposure, with all four incidents investigated involving fatalities. But workers also fell to heat doing work in the energy extraction industry, doing warehouse work, handling waste and recycling, and performing vehicle repair work. But the OSHA record of heat stress violations also includes restaurant and nursing home work.
Perhaps not unexpectedly, most of these incidents occurred in the hot and humid South and Southeast, including Texas and Louisiana. The accounts, where they are available, are heartbreaking for the utter ordinariness of the workdays they describe:
- A worker in West Virginia who’d been dragging tree limbs to a chipper truck for three hours on a late August day was sent to sit in a truck when he said he didn’t feel well. After a little while he left the job site to walk home, a distance of four blocks. Two hours later, an emergency service worker found him unconscious by the side of the street, his body temperature at 107.4º. He never regained consciousness and was pronounced dead of heatstroke.
- A man pulling weeds in a fruit tree nursery on a July day dies of hyperthermia.
- Men found slumped over their construction work, pronounced dead of heat exhaustion.
- A migrant farm worker who’d completed three months in a tomato packing warehouse who volunteered to stay on after the harvest ended to remove stakes and strings from 300 to 400 acres of tomato fields. After his fourth day cutting and removing strings he went to a shaded area to take a break. He was found there, some time later by coworkers, unconscious. After a local hospital recorded his 108º body temperature he was airlifted to a major hospital where he died the following day.
Ongoing low OSHA penalties
As Center for Progressive Reform (CPR) policy analyst Katie Tracy notes, under current rules, OSHA is limited in what it can fine employers for violations of any kind—including those that keep workers on the job in dangerous heat. “The median penalty for a fatality is a little over $5,000,” says Tracy. And under OSHA’s process for working with employers on fixing hazards, employers can—and regularly do—negotiate lower penalty fees than OSHA initially assessed. In fact, during the time that a company is contesting these penalties the company isn’t legally required to correct the violations for which the employers was cited. In a new report examining this practice, CPR found that the median penalty employers have paid for a fatality during the Obama Administration is $5,800. This amount, says CPR, is “less than the cost of an average funeral.”
A look at the fines companies paid in the past 10 years when workers died on the job from heat exposure reflects what CPR found. While some fines were much higher, when a number of construction workers suffered heat-related deaths, many of their employers paid fines of $7,000. When farm and landscaping workers died, those fines were often lower, in two cases: $2,000 and $2,500. OSHA is now poised to increase its penalties for the first time since 1990.
Read more from In These Times.