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PalletCentral • July-August 2020
palletcentral.com
OSHA Use of NWS Chart for Heat Stress Invalidated
By Adele L. Abrams, Esq., CMSP
O
n July 15, 2020, an Occupational Safety & Health Review Commission Judge issued a
decision that will have major implications for OSHA's future ability to issue General Duty
Clause citations to employers who fail to protect workers against the hazards of heat
stress. The judge held that OSHA failed to prove that the National Weather Service (NWS) heat
index chart has a scientific basis. In addition to showing using the heat/humidity factors for an
index number, the NWS also rated certain combinations with differing degrees of danger, ranging
from "caution" to "extreme danger." OSHA has relied upon this NWS index when issuing citations
as a way of imputing knowledge to employers.
The 2020 case involves five general duty clause citations issued to the U.S. Postal Service, and
USPS argued that the index should be disregarded as lacking a scientific basis, The ALJ found
that OSHA failed to provide any supporting data for why the levels of risk [in the chart] are attribut-
ed to their respective temperatures." At this time, it was unclear whether OSHA would appeal
the decision to the full Occupational Safety & Health Review Commission. ALJ decisions do not
constitute binding precedent unless affirmed by OSHRC.
