AFGE is urging locals to monitor temperatures in their facilities after receiving several complaints from members that their agencies have refused to provide air-conditioning or fans during the summer months where several states saw record-high temperatures.
So far, we’ve heard from members working at the Defense Department, Veterans Affairs, Transportation Security Administration, and the Environmental Protection Agency.
“Many agencies' officials are refusing to purchase air-conditioning or fans. Locals that face this type of behavior from the agency should file a complaint with OSHA,” said AFGE Workers Compensation Specialist Joe Mansour. “We need the locals to be educated and become aware that they can file a complaint on their agencies over heat hazards.”
OSHA has recently issued a heat hazard alert as it’s working on a heat standard. The hazard alert tells employers they have to do something to address heat exposure, like giving workers time to get acclimated to the heat conditions, providing rest breaks in the shade, providing cool water, and the right protective equipment. To address heat exposure, employers should do an assessment and use engineering controls, like fans, and administrative controls, like modifying schedules to work in cooler temperatures or provide breaks in cooler environments.
Here are the steps locals should take:
Map of federal OSHA offices
https://www.osha.gov/contactus/bystate
Click on the state where your facility is located. On that page, look for “OSHA Area Office” where federal OSHA offices are listed. You may have to scroll down as some states have their state OSHA offices listed up top but they do not cover federal facilities.
Read about OSHA laws and regulations your employer must comply:
https://www.osha.gov/laws-regs
Here’s how to file a complaint online:
https://www.osha.gov/workers/file-complaint
If you fear retaliation, you can file the complaint anonymously. We encourage local officers to file on behalf of the employees.
“When OSHA does a site inspection, the local has the right to go on the inspection,” said AFGE Health and Safety Specialist Milly Rodriguez. “The local can also be at the closing conference. OSHA sends the local a copy of the inspection report. This can take up to six months. With the heat enforcement, it should not take that long, but it's too early to tell how quickly they are getting to the inspections and reports. It's an issue that can't wait to be resolved.”
Rodriguez said if OSHA sends a letter to the employer about the complaint, it can be a faster process.
“OSHA sends the local a copy of the letter and also a copy of the agency response and whether it satisfies OSHA requirements. If OSHA accepts the employer's response, they will close out the case. If not, they will ask the agency to do more,” she explained. “It's important for the local to review the letter and make sure the issue is addressed. If what the agency is telling OSHA is not happening, if the heat hazard is not being addressed, the local should respond to OSHA with supporting documentation. OSHA will go back to the agency.”
In one case, OSHA worked on the local's complaint in one day, which meant the inspector contacted the employer, got a satisfactory response, and closed the case. The local didn't agree and OSHA re-opened the case and followed up with the agency. The agency sent a written response that was satisfactory, and OSHA closed the case. The timing depends on the responses from both the employer and the local union, and whether the employer is complying with the requirements.
Locals can use the report to hold the agency accountable for addressing the issue.
The National Council for Occupational Safety and Health (National COSH) is leading a campaign to push OSHA to quickly develop a heat standard.
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