In recent months, the climate crisis has unleashed scorching temperatures and hazardous wildfire smoke across the nation. These severe conditions pose a threat to everyone, but they are especially dangerous for those who work outdoors, whether it be in the fields, construction sites, or even indoor workplaces.
Surprisingly, the Occupational Safety and Health Administration (OSHA), the federal agency responsible for workplace safety, does not have a rule mandating protection from extreme heat. The solution to preventing heat-related illness and death is simple: provide workers with sufficient rest breaks in shaded or cool areas where they can rehydrate. However, many employers do not take these measures unless they are compelled to do so. Unfortunately, OSHA is unlikely to enforce such basic protections anytime in the near future.
I want to emphasize that the issue does not lie with the leadership or staff of OSHA. These individuals are dedicated professionals who are committed to ensuring the safety of workers. The problem lies with Congress, which has failed to update the outdated law that created OSHA over 50 years ago and has neglected to provide the necessary resources for the agency to fulfill its mission. This issue is further exacerbated by court decisions that have restricted OSHA’s power. As a result, it takes many years, and sometimes decades, for OSHA to establish and enforce standards for common hazards.
While inspections are commonly associated with OSHA’s work, the agency’s most effective tools for preventing injuries and illnesses are its standards. These standards, such as those regulating asbestos exposure or requiring safety measures for roofers and window washers, have a swift and significant impact on workplaces when implemented. Inspections serve as reminders for non-compliant employers, but the majority of employers willingly comply with OSHA standards.
However, OSHA’s process for setting standards is flawed. For instance, it took 19 years to establish the 2016 permissible exposure limit for workplace silica. Since its inception in 1971, OSHA has only issued or strengthened fewer than 40 permissible exposure limits, while the remaining 90 percent are based on industry-consensus standards from the 1960s. Strikingly, OSHA even recommends that employers adhere to stronger voluntary standards. This broken process must be addressed in order to ensure the timely implementation of new OSHA health standards.
President Joe Biden has directed OSHA to develop a heat standard, but it will still take several years to finalize this rule. Although the core of the rule is straightforward, involving provisions for water, rest, and shade based on the heat index, the financial burden of paying outdoor workers for even a few minutes of non-working time per hour is significant. This will undoubtedly face opposition, particularly from influential industries such as agriculture and home-building. Additionally, workers who are paid based on production, including many farmworkers, would be penalized if they receive unpaid breaks, resulting in lost productivity. OSHA must navigate these complexities to establish rules that can withstand legal challenges.
Until OSHA implements a comprehensive national heat standard, states and localities can take the initiative to protect workers from heat-related illnesses. Some states, like California, Oregon, and Washington, already have their own heat standards, while others are considering implementing similar protections. Unfortunately, there are also states moving in the opposite direction. For example, Texas recently passed a law that overrides local ordinances requiring employers to provide modest rest and rehydration breaks for outdoor workers in cities like Austin and Dallas. Texas is currently enduring a protracted heatwave, with temperatures reaching record highs.
Another climate change-induced crisis that OSHA must address is the impact of wildfire smoke. The harmful particles in this smoke have been linked to various health risks, including heart attacks, strokes, lung cancer, and cognitive decline. Workers with respiratory conditions like asthma are especially vulnerable. While California and Oregon have implemented rules to protect workers from wildfire smoke, federal OSHA has yet to establish a standard to address this significant risk faced by outdoor workers, even in urban areas that have not historically experienced heavy wildfire smoke.
Respirators, which provide personal protection by filtering inhaled air before entering the lungs, can reduce exposure to wildfire smoke and airborne viruses. However, many employers are ill-prepared to supply the necessary respirators. According to a recent report by the National Academy of Sciences, Engineering, and Medicine, the country lacks the capacity to meet the needs of the public and workers facing smoke, viruses, and other airborne hazards. The report recommends that the federal government encourage the development and stockpiling of new respiratory protection devices to be deployed during emergencies.
Nevertheless, without OSHA standards mandating the use of these devices, most employers are unlikely to implement comprehensive worker-protection programs. The current crisis necessitates stronger standards, and OSHA requires congressional support to adequately respond. During the height of the HIV/AIDS epidemic, Congress directed OSHA to swiftly issue a standard for blood-borne pathogens, which significantly improved safety in healthcare settings. Following this approach, Congress can expedite the development of new heat and respiratory protection rules. Alternatively, Congress can empower OSHA to overhaul its standard-setting process, enabling the agency to establish standards more efficiently for the current crisis and future challenges.
In conclusion, it is imperative that OSHA addresses the urgent need for comprehensive standards to protect workers from extreme heat and wildfire smoke. Congress must take decisive action to provide the necessary resources and empower OSHA to fulfill its mission of ensuring workplace safety. By doing so, we can safeguard the well-being of workers and mitigate the devastating impact of climate change on their health.
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