Provided by Hinman Straub
Last month, the New Yok State Department of Labor (DOL) issued guidance recommending that employers take steps to protect outdoors workers from extreme heat (based on heat index). This is a guidance documents only, but has many parallels to legislation considered in the last session. These recommendations include but are not limited to:
Providing outdoor workers with 32oz of cool drinking water every hour, regardless of the heat index.
Making free potable water available at all times, in close proximity to the worksite.
Providing sufficient time for workers to consume water.
Providing outdoor workers with shade and paid time for rest when the heat index reaches 80 degrees or above, and more frequently when the heat index exceeds 90 degrees.
Shade should be adequate for all workers on recovery rests and during meal time (with sufficient space to sit.
Employers should prepare to provide adequate shade even if the heat index hasn’t reached 80 degrees for workers who request it or begin showing signs of heat related illnesses.
Provide standardized breaks when the heat index reaches 90 degrees or greater. DOL provided the following suggestions:
Heat Index
Rest Break Durations
80 or greater
As needed to prevent overheating
90 or greater
15 minutes every two hours
100 or greater
15 minutes every hour
110 or greater
High risk of heat stress; consider rescheduling activities (if rescheduling is impossible, best practice is 15 minutes of work with 45 minutes of rest every hour.)
Providing outdoor workers with some or all of the following PPE: lightweight clothing, sweat wicking fabric, wide-brim hats, cooling vests, water cooled garments and sunscreen.
Provide outdoor workers and supervisors with annual, effective training to help spot and mitigate heat related illnesses.
DOL provided a link to OSHA training materials that could be used to support this work: OSHA Training Guide
Establishing a written plan for acclimatization, extreme heat preparedness and emergency response.
DOL made some recommendations regarding elements that should be included in such plans, including flexibility to move work to cooler times of the day, methods for monitoring workers exposed to extreme heat, and methods for alerting affected staff to hazard exposures.
Instituting acclimatization measures when the heat index reaches or exceeds 80 degrees. DOL provided the following suggestions for the acclimatization schedule:
Day 1
A new or returning worker should work 20-25% of a shift at full intensity
Week 1
Increase the time working at full intensity by 20-25% a day
14 Days
Closely watch all new or returning workers for 14 workdays.
Full details on the DOL guidance can be found here: (Extreme Weather Guidance | Department of Labor (ny.gov)).