Asylum adjudication delays
OSHA and Climate-Related Workplace Hazards: Overview
OSHA's role is to ensure safe and healthful working conditions by setting and enforcing standards and by providing training, outreach, education, and assistance. While OSHA’s regulations traditionally address physical hazards in the workplace, the increasing effects of climate change have introduced new and evolving workplace risks.
Climate-related workplace hazards can include:
Extreme heat exposure leading to heat stress and heatstroke
Increased risk of wildfires and associated smoke inhalation hazards
Flooding or storms causing structural instability or chemical spills
Vector-borne diseases due to changing ecological patterns
Air quality deterioration from pollution or smoke
Psychological stress related to climate disasters
OSHA has increasingly recognized the need to address these hazards through guidance, enforcement, and sometimes new rulemaking.
Case 1: OSHA’s Heat Illness Prevention Enforcement Actions
Background:
Heat stress has been a significant hazard, especially in outdoor and non-climate-controlled workplaces such as construction, agriculture, and manufacturing.
Case Detail:
In 2019, OSHA issued citations to several construction companies in California for failing to protect workers from heat-related hazards. One notable case involved a contractor fined for failing to provide water, shade, and rest breaks, leading to multiple workers experiencing heat exhaustion symptoms.
Legal and Regulatory Significance:
Though OSHA has not adopted a federal heat standard, it enforces the General Duty Clause (Section 5(a)(1) of the OSH Act) requiring employers to provide a workplace free from recognized hazards likely to cause death or serious harm. The courts have upheld OSHA’s ability to use this clause to address heat stress. These enforcement actions emphasize employer responsibility for climate-related heat risks.
Case 2: OSHA and Wildfire Smoke Exposure
Background:
Wildfire seasons have lengthened and intensified due to climate change, creating serious respiratory hazards from wildfire smoke.
Case Detail:
In 2020, OSHA investigated a landscaping company in Oregon after workers complained about wildfire smoke exposure. OSHA found that the employer failed to provide respiratory protection or monitor air quality levels, violating respiratory protection standards.
Legal Outcome:
The company was cited for violations of the Respiratory Protection Standard (29 CFR 1910.134). OSHA's enforcement of this standard in the context of wildfire smoke highlights the expanding scope of climate-related hazards and the necessity for employers to respond proactively to environmental conditions.
Case 3: OSHA Citation for Flooding-Related Chemical Exposure
Background:
Flooding from extreme weather events can cause hazardous chemical releases in workplaces located near industrial plants, chemical storage, or waste facilities.
Case Detail:
After a hurricane caused flooding at a chemical plant in Louisiana, OSHA investigated the facility following worker complaints of exposure to hazardous chemicals. OSHA found inadequate emergency preparedness and spill containment plans.
Legal Significance:
The company was cited under the Hazard Communication Standard (29 CFR 1910.1200) and Emergency Preparedness and Response requirements. The case underscored the need for employers to plan for climate-related emergencies and maintain worker protection even during natural disasters.
Case 4: Heat Illness Litigation: Cal/OSHA vs. Pacific Gas & Electric (PG&E)
Background:
PG&E faced scrutiny after multiple wildfires in California linked to its equipment led to power shutoffs and hazardous working conditions during heat waves.
Case Detail:
In 2018, PG&E was investigated for exposing utility workers to extreme heat without adequate protections during public safety power shutoffs. Workers alleged that PG&E did not provide sufficient water, rest breaks, or cooling measures.
Outcome:
Cal/OSHA cited PG&E for multiple violations of heat illness prevention standards under California law, including failure to provide heat illness training and water. PG&E settled and agreed to improve worker protections.
Implications:
This case demonstrates the intersection of climate change-induced disasters, worker safety, and employer liability. It also shows how state OSHA programs may take more proactive stances on climate-related hazards.
Case 5: OSHA and Psychological Stress from Climate Disasters
Background:
Though harder to quantify, psychological stress from climate events (such as hurricanes, floods, and wildfires) is increasingly recognized as a workplace hazard.
Case Detail:
After Hurricane Harvey in 2017, a Houston-based healthcare employer faced claims from workers alleging inadequate support and resources to handle post-disaster trauma and stress.
Legal Considerations:
OSHA does not have explicit standards on psychological hazards, but under the General Duty Clause, employers are expected to provide a safe work environment, which some courts have interpreted to include reasonable measures addressing mental health in extraordinary conditions.
Summary of Key Points
OSHA uses both specific standards (e.g., Respiratory Protection, Hazard Communication) and the General Duty Clause to address climate-related hazards.
Heat stress is the most frequently addressed climate hazard, with enforcement and litigation emphasizing employer responsibility.
Wildfire smoke exposure is a growing concern, with OSHA increasingly citing employers who fail to provide respiratory protection.
Natural disasters like floods pose chemical exposure risks requiring emergency planning and hazard communication.
Psychological and ergonomic impacts of climate-related disasters are emerging areas of concern.
RELATED Blog
0 comments