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24 PalletCentral • July-August 2022 palletcentral.com 24 PalletCentral • July-August 2022 palletcentral.com NIOSH on rulemaking gaps and research needs – convened a heat illness prevention working group that will work in tandem with the agency as it moves forward on the regulatory path. NACOSH includes representatives from management, unions, workplace safety and health groups, and state OSHA agencies. eir work can have ripple effects with state OSHA agencies, as well. While waiting for its federal rulemaking to be completed, OSHA launched a new National Emphasis Program (NEP) on heat illness prevention on April 8, 2022, for a three-year period (CPL 03-00-024). e NEP applies to all work sectors and focuses on high-risk industries by NAICS code. Targeted sectors include manufacturing, wood products, transportation, logistics and warehousing. e NEP is part of broader U.S. Department of Labor response to President Biden's Executive Order 14008 – Tackling Climate Crisis at Home and Abroad. e OSHA NEP establishes heat priority days when heat index is expected to be 80F or higher; on those days, OSHA will: • Initiate compliance assistance in targeted high-risk industries • Continue to inspect any alleged heat-related fatality/ catastrophe, complaint or referral regardless of whether the worksite falls within an NEP targeted NAICS code • Conduct programmed inspections in targeted industries when NWS announces a heat warning or advisory for the local area In addition to the enforcement powers that it retains under the General Duty Clause (where employer recognition of the hazard can be established through means other than those ruled invalid in the Sturgill case), the NEP notes that OSHA will focus on enforcement of the following rules during site visits: • PPE: 29 CFR 1910.132(d), which requires every employer in general industry to conduct a hazard assessment to determine the appropriate PPE to be used to protect workers from the hazards identified in the assessment. • Recordkeeping & Reporting: 29 CFR 1904, which requires employers to record certain work-related heat illnesses, e.g., if a worker requires intravenous fluids to treat a work-related heat illness, the case meets the general recording criteria for "medical treatment." Similarly, if a Increasing heat precipitated by climate change can cause lost productivity and work hours, resulting in large wage losses for workers.

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