When Is 'Too Hot' Actually Too Hot To Work? OSHA Cites Contractor After Florida Farm Worker Fatality

• Published date: 20 September 2022
• Subject Matter: Employment and HR, Health & Safety
• Law Firm: Ogletree, Deakins, Nash, Smoak & Stewart
• Author: Mr Phillip Russell and Zachary V. Zagger

On August 12, 20222, the Occupational Safety and Health Administration (OSHA) issued a citation to a farm labor contractor alleging violations for exposing workers to high ambient outdoor heat following the death of a worker on a strawberry farm in Florida. The citation serves as warning for employers, particularly those in warm climates, of OSHA's enforcement approach following the April 2022 launch of the agency's new three-year national emphasis program (NEP) on indoor and outdoor heat-related hazards, particularly with regard to how working in the sunlight can create hazardous conditions.

Background

The OSHA citation centers on an alleged heat-related incident that occurred on April 5, 2022 at a strawberry farm in Duette, Florida, in which a worker died after "exhibit[ing] symptoms of heat exhaustion such as fatigue, weakness, and disorientation." OSHA alleged that farm workers were exposed to high ambient heat in the sun on the day in question, performing job duties that included eight hours of harvesting strawberries and one hour of pulling plastic form plant beds.

OSHA alleged that on that day in April 2022, temperatures rose to 89'F. More specifically, the citation alleged the WetBulb Globe Temperature (WBGT), which is a measure of the heat stress in direct sunlight, ranged between 77'F to 86.9'F during the time employees were performing "moderate manual labor" outdoors while wearing "long sleeves and pants." OSHA alleged that "such exposures are likely to lead to the development of serious heat-related illnesses such as, but not limited to, heat cramps, heat stress, heat exhaustion, and heat stroke."

OSHA alleged two specific violations in the citation: (1) that the farm failed to properly protect employees from the hazards of high ambient heat by not developing and implementing a Heat Illness Prevention Plan in violation of section 5(a)(1) of the Occupational Safety and Health Act; and, that, given that there was no nearby healthcare facility, it failed to have a person trained to provide first aid to employees suffering from heat-related illnesses in violation of 29 CFR 1910.151(b). OSHA is seeking $29,004 in proposed penalties for the violations.

The citation comes after OSHA, on April 8, 2022, launched its new NEP entitled "Outdoor and Indoor Heat-Related Hazards," which expands the agency's heat-related illness campaign under the Biden administration. Under the NEP, OSHA requires employers to have a heat-related hazard prevention program in...