This year has been unusually hot, and it affects workplaces across the country. Even though employers are required by law to protect workers from heat hazard, the Occupational Safety and Health Administration (OSHA) has not issued a heat standard that can be enforced and hold employers accountable.
Health and safety advocates including AFGE have been pushing OSHA to issue the standard. What’s happening at Ft. Belvoir in Virginia is a good example of why OSHA urgently needs to do so.
At Ft. Belvoir, employees work in a brick building with windows that do not open. The A/C broke down months ago. Temperatures in the building were at 86-90 Fahrenheit even with fans on. Employees have complained of excessive high heat and an unknown odor since June. The smell has caused one employee to have medical issues, but she has not been authorized to telework to decrease her exposure. At least 75% of the employees currently working in the building have some sort of medical condition.
Employees reached out to management, but their concerns were not addressed, prompting them to file a complaint with OSHA. OSHA conducted an inquiry and closed the case after being told by management that temporary A/C was provided and employees were allowed to telework while they were working on a permanent solution.
The issue, however, was far from being resolved. The temporary A/C broke down, the temperature shot up to 89 Fahrenheit even with three fans on, and not all employees were allowed to telework. The army also did not record the temperatures. Management was aware of the issue but did nothing. Employees filed a second complaint with OSHA, prompting OSHA to reopen the case.
OSHA, however, relied on the same response from management that everything was fine and did not conduct further investigation or a site visit. OSHA also said it does not have a heat illness standard, so recording of temperatures is not required. The same OSHA manager told employees to either file a grievance or reach out to the Inspector General.
The local and employees are frustrated.
“One employee filed a reasonable accommodation due to the smell causing her medical issues. These employees had been told that in order to telework they needed an RA, so she filed one in August. They have yet to approve her accommodation,” said Local 1052 President Michelle Townsend.
The local subsequently filed another complaint with OSHA.
“Despite management stating so in their response to OSHA’s inquiries on 20 July and 28 July, employees state that temperature checks are not being done or recorded routinely, no temp A/C units were ever provided, telework is not being offered, rest areas are not available for use, water is not being offered, instead it was suggested by an OSHA rep that they drink the water from the bathroom faucet because technically it’s ‘potable.’ The employees are unaware of any Heat Related Illness Prevention Program/Plan or Administrative controls in place,” the local said in the complaint.
AFGE Health and Safety Specialist Milly Rodriguez said what’s happening at Ft. Belvoir shouldn’t be the norm.
“We need to have an enforceable heat standard so employers know what they are required to do. Workers and their unions know what protections their employer is required to put place and when the employer isn't following the standard, and OSHA inspectors can enforce those specific requirements,” she said.
OSHA initiated the rulemaking process for the heat standard in October 2021 with a request for information and recently completed a review by the small business community. The next step is for OSHA to develop and issue a proposed standard for public comment. In the meantime, OSHA issued a Heat Hazard Alert to remind employers of their obligations to address heat-related hazards.
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