palletcentral

40 PalletCentral • November-December 2022 palletcentral.com palletcentral.com food areas of markets can suffer from cold stress. Outdoor workers in construction, mining, transportation, and logistics may also be exposed to extreme cold for extended periods. When it comes to government enforcement, the majority of employers are under federal OSHA. Because it lacks any rules on cold exposure, the agency will look to its "General Duty Clause" (GDC) as a gap filler. e GDC is section 5(a) (1) of the 1970 legislation that created the agency, OSHA. e GDC requires all employers to furnish a place of employment free from "recognized hazards" that could cause death or serious injury to employees. is includes temperature extremes to which workers are exposed in the course of their assigned duties. Heat stress has become more recognized, and OSHA is now working on a new federal standard to address this risk because in the past two decades, summers have had the highest temperatures on record and approximately 40 workers die each year in the U.S. due to heat illness. Similarly, the GDC can be used to issue citations where an employer was aware of the risk to workers from cold exposure on the job but failed to take corrective action. Penalties in 2022 reached a maximum of $145,000 and were scheduled to rise again in January 2023. Although federal OSHA lacks a specific rule addressing cold stress, and its current rulemaking and National Emphasis Program focus on heat stress prevention, this is not universally the case. States that run their own OSHA programs must have rules that are at least as effective but they can also be more stringent. At the end of 2022, there were 22 states as well, as the U.S. territories, which have approved state programs. Some of these have mandates for "Injury and Illness Prevention Programs," which are essentially safety and health management programs that require the employer to consider all hazards to which workers could be exposed – including cold temperatures – and then to implement actions to mitigate the hazards. In states with extremely cold temperatures, proactive measures include consideration of such exposures – both indoors and outdoors. In Minnesota, the state agency's heat stress rule includes a somewhat hidden provision that also requires employers to address indoor cold conditions. MN- OSHA's unique rule states: A. Indoor places of employment shall maintain a minimum air temperature of 60 degrees Fahrenheit where heavy work is performed, unless prohibited by process requirements. B. Indoor places of employment shall maintain a minimum air temperature of 65 degrees Fahrenheit where light to moderate work is performed, unless prohibited by process requirements. What can employers do proactively to protect workers who have cold temperature exposures on the job? Training both employees and supervisors is critical because cold stress injury prevention is the goal. Workers should be informed about the

• Cover