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Winter weather presents hazards including slippery roads/surfaces, strong winds and environmental cold. Employers must prevent illnesses, injuries or fatalities, by controlling these hazards in workplaces impacted by winter weather.
OSHA and National Oceanic and Atmospheric Administration (NOAA) are working together on a public education effort aimed at improving the way people prepare for and respond to severe weather. Here is some information provided by OSHA to help businesses and their workers prepare for winter weather, and to provide information about hazards that workers may face during and after winter storms.

Winter preparedness

Outdoor work requires proper preparation, especially in severe winter weather conditions. Although OSHA does not have a specific standard that covers working in cold environments, employers have a responsibility to provide workers with employment and a place of employment which are free from recognized hazards, including winter weather related hazards, which are causing or are likely to cause death or serious physical harm to them (Section 5(a)(1) of the Occupational Safety and Health Act of 1970). Employers should, therefore, train workers on the hazards of the job and safety measures to use, such as engineering controls and safe work practices, that will protect workers’ safety and health.

Employers should train workers

At a minimum, employers should train workers on:

  • Cold Stress:
    • How to recognize the symptoms of cold stress, prevent cold stress injuries and illnesses
    • The importance of self-monitoring and monitoring coworkers for symptoms
    • First aid and how to call for additional medical assistance in an emergency
    • How to select proper clothing for cold, wet and windy conditions
  • Other winter weather related hazards that workers may be exposed to, for example, slippery roads and surfaces, windy conditions and downed power lines
    • How to recognize these hazards
    • How workers will be protected: engineering controls, safe work practices and proper selection of equipment, including personal protective equipment

Employers should implement safe work practices

Safe work practices that employers can implement to protect workers from injuries, illnesses and fatalities include:

  • Providing workers with the proper tools and equipment to do their jobs
  • Developing work plans that identify potential hazards and the safety measures that will be used to protect workers
  • Scheduling maintenance and repair jobs for warmer months
  • Scheduling jobs that expose workers to the cold weather in the warmer part of the day
  • Avoiding exposure to extremely cold temperatures when possible
  • Limiting the amount of time spent outdoors on extremely cold days
  • Using relief workers to assign extra workers for long, demanding jobs
  • Providing warm areas for use during break periods
  • Providing warm liquids (no alcohol) to workers
  • Monitoring workers who are at risk of cold stress
  • Monitoring the weather conditions during a winter storm, having a reliable means of communicating with workers and being able to stop work or evacuate when necessary
  • Acclimatizing new workers and those returning after time away from work by gradually increasing their workload, and allowing more frequent breaks in warm areas, as they build up a tolerance for working in the cold environment
  • Having a means of communicating with workers, especially in remote areas
  • Knowing how the community warns the public about severe weather: outdoor sirens, radio and television
    • The National Oceanic and Atmospheric Administration (NOAA) provides multiple ways to stay informed about winter storms. If you are notified of a winter storm watch, advisory or warning, follow instructions from your local authorities: NOAA Weather Radio

Employers should consider protective clothing that provides warmth

Employers must provide personal protective equipment (PPE), for example, fall protection, when required by OSHA standards to protect workers’ safety and health. However, in limited cases specified in the standard (29 CFR 1910.132), there are exceptions to the requirement for employers to provide PPE to workers. For instance, there is no OSHA requirement for employers to provide workers with ordinary clothing, skin creams or other items, used solely for protection from weather, such as winter coats, jackets, gloves, parkas, rubber boots, hats, raincoats, ordinary sunglasses and sunscreen (29 CFR 1910.132(h)(4)). Regardless of this, many employers provide their workers with winter weather gear such as winter coats/jackets and gloves.
Learn more about PPE requirements: Personal Protective Equipment (OSHA Safety and Health Topics Page).

Wind Chill temperature

Outdoor workers exposed to cold and windy conditions are at risk of cold stress, both air temperature and wind speed affect how cold they feel. Wind Chill is the term used to describe the rate of heat loss from the human body, resulting from the combined effect of low air temperature and wind speed. The Wind Chill temperature is a single value that takes both air temperature and wind speed into account. For example, when the air temperature is 40°F, and the wind speed is 35 mph, the wind chill temperature is 28°F; this measurement is the actual effect of the environmental cold on the exposed skin.
National Weather Service (NWS) Wind Chill Calculator: With this tool, one may input the air temperature and wind speed, and it will calculate the wind chill temperature.
The American Conference of Governmental Industrial Hygienists (ACGIH) developed the following Work/Warm-up Schedule for a 4-hour shift takes both air temperature and wind speed into account, to provide recommendations on scheduling work breaks and ceasing non-emergency work.

Cold Stress

Cold Stress can be prevented

It is important for employers to know the wind chill temperature so that they can gauge workers’ exposure risk better and plan how to safely do the work. It is also important to monitor workers’ physical condition during tasks, especially new workers who may not be used to working in the cold, or workers returning after spending some time away from work.
The National Oceanic and Atmospheric Administration (NOAA) Weather Radio is a nationwide network of radio stations broadcasting continuous weather information from the nearest NWS office. It will give information when wind chill conditions reach critical thresholds. A Wind Chill Warning is issued when wind chill temperatures are life threatening. A Wind Chill Advisory is issued when wind chill temperatures are potentially hazardous.

Who is affected by environmental cold?

Environmental cold can affect any worker exposed to cold air temperatures and puts workers at risk of cold stress. As wind speed increases, it causes the cold air temperature to feel even colder, increasing the risk of cold stress to exposed workers, especially those working outdoors, such as recreational workers, snow cleanup crews, construction workers, police officers and firefighters. Other workers who may be affected by exposure to environmental cold conditions include those in transit, baggage handlers, water transportation, landscaping services and support activities for oil and gas operations.
Risk factors for cold stress include:

  • Wetness/dampness, dressing improperly and exhaustion
  • Predisposing health conditions such as hypertension, hypothyroidism and diabetes
  • Poor physical conditioning

What is cold stress?

What constitutes cold stress and its effects can vary across different areas of the country. In regions that are not used to winter weather, near freezing temperatures are considered factors for “cold stress.” Increased wind speed also causes heat to leave the body more rapidly (wind chill effect). Wetness or dampness, even from body sweat, also facilitates heat loss from the body. Cold stress occurs by driving down the skin temperature, and eventually the internal body temperature. When the body is unable to warm itself, serious cold-related illnesses and injuries may occur, and permanent tissue damage and death may result. Types of cold stress include: trench foot, frostbite and hypothermia.
For more information, see OSHA’s Cold Stress Safety and Health Guide.

How can cold stress be prevented?

Although OSHA does not have a specific standard that covers working in cold environments, under the Occupational Safety and Health Act (OSH Act) of 1970, employers have a duty to protect workers from recognized hazards, including cold stress hazards, that are causing or likely to cause death or serious physical harm in the workplace.

  • Employers should train workers. Training should include:
    • How to recognize the environmental and workplace conditions that can lead to cold stress.
    • The symptoms of cold stress, how to prevent cold stress and what to do to help those who are affected.
    • How to select proper clothing for cold, wet and windy conditions.
  • Employers should:
    • Monitor workers physical condition.
    • Schedule frequent short breaks in warm, dry areas to allow the body to warm up.
    • Schedule work during the warmest part of the day.
    • Use the buddy system (work in pairs).
    • Provide warm, sweet beverages. Avoid drinks with alcohol.
    • Provide engineering controls such as radiant heaters.

Types of Cold Stress

Immersion/Trench Foot
Trench foot is a non-freezing injury of the feet caused by prolonged exposure to wet and cold conditions. It can occur in temperatures as high as 60°F if feet are constantly wet. Injury occurs because wet feet lose heat 25 times faster than dry feet.
What are they symptoms of trench foot?
Reddening skin, tingling, pain, swelling, leg cramps, numbness and blisters.
First Aid

  • Call 911 immediately in an emergency; otherwise seek medical assistance as soon as possible.
  • Remove wet shoes/boots and wet socks.
  • Dry the feet and avoid working on them.
  • Keep affected feet elevated and avoid walking. Get medical attention.

Frostbite
Frostbite is caused by the freezing of the skin and tissues. Frostbite can cause permanent damage to the body, and in severe cases can lead to amputation. The risk of frostbite is increased in people with reduced blood circulation and among people who are not dressed properly for extremely cold temperatures.
What are the symptoms of frostbite?
Reddened skin develops gray/white patches in the fingers, toes, nose or ear lobes; tingling, aching, a loss of feeling, firm/hard blisters may occur in the affected areas.
First Aid

  • Follow the recommendations described below for hypothermia.
  • Protect the frostbitten area, e.g., by wrapping loosely in a dry cloth and protect the area from contact until medical help arrives.
  • DO NOT rub the affected area, because rubbing causes damage to the skin and tissue.
  • Do not apply snow or water. Do not break blisters.
  • DO NOT try to re-warm the frostbitten area before getting medical help, for example, do not use heating pads or place in warm water. If a frostbitten area is rewarmed and gets frozen again, more tissue damage will occur. It is safer for the frostbitten area to be rewarmed by medical professionals.
  • Give warm sweetened drinks if alert (no alcohol).

Hypothermia
Hypothermia occurs when the normal body temperature (98.6°F) drops to less than 95°F. Exposure to cold temperatures causes the body to lose heat faster than it can be produced. Prolonged exposure to cold will eventually use up the body’s stored energy. The result is hypothermia, or abnormally low body temperature. Hypothermia is most likely at very cold temperatures, but it can occur even at cool temperatures (above 40°F) if a person becomes chilled from rain, sweat or immersion in cold water.
What are the symptoms of hypothermia?
An important mild symptom of hypothermia is uncontrollable shivering, which should not be ignored. Although shivering indicates that the body is losing heat, it also helps the body to rewarm itself. Moderate to severe symptoms of hypothermia are loss of coordination, confusion, slurred speech, heart rate/breathing slow, unconsciousness and possibly death. Body temperature that is too low affects the brain, making the victim unable to think clearly or move well. This makes hypothermia particularly dangerous because a person may not know what is happening and won’t be able to do anything about it.
First Aid

  • Call 911 immediately in an emergency:
  • Move the worker to a warm, dry area.
  • Remove any wet clothing and replace with dry clothing. Wrap the entire body (including the head and neck) in layers of blankets; and with a vapor barrier (e.g. tarp, garbage bag) Do not cover the face.
  • If medical help is more than 30 minutes away:
    • Give warm sweetened drinks if alert (no alcohol), to help increase the body temperature. Never try to give a drink to an unconscious person.
    • Place warm bottles or hot packs in armpits, sides of chest and groin. Call 911 for additional rewarming instructions.

Basic Life Support (when necessary)
Co-workers trained in cardiopulmonary resuscitation (CPR) may help a person suffering from hypothermia that has no pulse or is not breathing:

  • Call 911 for emergency medical assistance immediately.
  • Treat the worker as per instructions for hypothermia, but be very careful and do not try to give an unconscious person fluids.
  • Check him/her for signs of breathing and for a pulse. Check for 60 seconds.
  • If after 60 seconds the affected worker is not breathing and does not have a pulse, trained workers may start rescue breaths for 3 minutes.
  • Recheck for breathing and pulse, check for 60 seconds.
  • If the worker is still not breathing and has no pulse, continue rescue breathing.
  • Only start chest compressions per the direction of the 911 operator or emergency medical services*
  • Reassess patient’s physical status periodically.

*Chest compression are recommended only if the patient will not receive medical care within three hours.

Winter driving

Although employers cannot control roadway conditions, they can promote safe driving behavior by ensuring workers: recognize the hazards of winter weather driving, for example, driving on snow/ice covered roads; are properly trained for driving in winter weather conditions; and are licensed (as applicable) for the vehicles they operate. For information about driving safely during the winter, visit OSHA’s Safe Winter Driving page.
Employers should set and enforce driver safety policies. Employers should also implement an effective maintenance program for all vehicles and mechanized equipment that workers are required to operate. Crashes can be avoided. Learn more at: Motor Vehicle Safety (OSHA Safety and Health Topic’s Page).
Employers should ensure properly trained workers’ inspect the following vehicle systems to determine if they are working properly:

  • Brakes: Brakes should provide even and balanced braking. Also check that brake fluid is at the proper level.
  • Cooling System: Ensure a proper mixture of 50/50 antifreeze and water in the cooling system at the proper level.
  • Electrical System: Check the ignition system and make sure that the battery is fully charged and that the connections are clean. Check that the alternator belt is in good condition with proper tension.
  • Engine: Inspect all engine systems.
  • Exhaust System: Check exhaust for leaks and that all clamps and hangers are snug.
  • Tires: Check for proper tread depth and no signs of damage or uneven wear. Check for proper tire inflation.
  • Oil: Check that oil is at proper level.
  • Visibility Systems: Inspect all exterior lights, defrosters (windshield and rear window), and wipers. Install winter windshield wipers.

An emergency kit with the following items is recommended in vehicles:

  • Cellphone or two-way radio
  • Windshield ice scraper
  • Snow brush
  • Flashlight with extra batteries
  • Shovel
  • Tow chain
  • Traction aids (bag of sand or cat litter)
  • Emergency flares
  • Jumper cables
  • Snacks
  • Water
  • Road maps
  • Blankets, change of clothes

Practice cold weather driving!

  • During daylight, rehearse maneuver slowly on the ice or snow in an empty lot
  • Steer into a skid
  • Know what your brakes will do: stomp on antilock brakes, pump non-antilock brakes
  • Stopping distances are longer on watercovered ice and ice
  • Don’t idle for a long time with the windows up or in an enclosed space

Prevent crashes

  • Drugs and alcohol never mix with driving
  • Slow down and increase distances between cars
  • Keep your eyes open for pedestrians walking in the road
  • Avoid fatigue – Get plenty of rest before the trip, stop at least every three hours and rotate drivers if possible

Stranded in a vehicle

  • If you are stranded in a vehicle, stay in the vehicle. Call for emergency assistance if needed, response time may be slow in severe winter weather conditions. Notify your supervisor of your situation. Do not leave the vehicle to search for assistance unless help is visible within 100 yards. You may become disoriented and get lost in blowing and drifting snow. Display a trouble sign by raising the hood. Turn on the vehicle’s engine for about 10 minutes each hour and run the heat to keep warm. Also, turn on the vehicle’s dome light when the vehicle is running as an additional signal. Beware of carbon monoxide poisoning. Keep the exhaust pipe clear of snow and open a downwind window slightly for ventilation.
  • Watch for signs of frostbite and hypothermia. Do minor exercises to maintain good blood circulation in your body. Clap hands and move arms and legs occasionally. Try not to stay in one position for too long. Stay awake, you will be less vulnerable to cold-related health problems. Use blankets, newspapers, maps, and even the removable car mats for added insulation. Avoid overexertion since cold weather puts an added strain on the heart. Unaccustomed exercise such as shoveling snow or pushing a vehicle can bring on a heart attack or make other medical conditions worse.   

Shoveling snow

  • Shoveling snow can be a strenuous activity, particularly because cold weather can be tasking on the body. There is a potential for exhaustion, dehydration, back injuries or heart attacks. During snow removal, in addition to following the tips for avoiding cold stress, such as taking frequent breaks in warm areas, there are other precautions workers can take to avoid injuries. Workers should warm-up before the activity, scoop small amounts of snow at a time and where possible, push the snow instead of lifting it. The use of proper lifting technique is necessary to avoid back and other injuries when shoveling snow: keep the back straight, lift with the legs and do not turn or twist the body.

Using powered equipment like snow blowers

  • It is important to make sure that powered equipment, such as snow blowers are properly grounded to protect workers from electric shocks or electrocutions. When performing maintenance or cleaning, make sure the equipment is properly guarded and is disconnected from power sources.
  • Snow blowers commonly cause lacerations or amputations when operators attempt to clear jams with the equipment turned on. Never attempt to clear a jam by hand. First, turn the snow blower off and wait for all moving parts to stop, and then use a long stick to clear wet snow or debris from the machine. Keep your hands and feet away from moving parts. Refuel a snow blower prior to starting the machine; do not add fuel when the equipment is running or when the engine is hot.

Fall prevention

Preventing slips on snow and ice

To prevent slips, trips and falls, employers should clear snow and ice from walking surfaces and spread deicer, as quickly as possible after a winter storm. When walking on snow or ice is unavoidable workers should be trained to:

  • Wear footwear that has good traction and insulation (e.g. insulated and water resistant boots or rubber over-shoes with good rubber treads)
  • Take short steps and walk at a slower pace to react quickly to changes in traction

Preventing falls when removing snow from elevated surfaces

OSHA’s Hazard Alert and winter weather webpages provide guidance to employers on how to prevent serious injuries and fatalities. Employers should consider options to avoid working on roofs or elevated heights, plan ahead for safe snow removal and must:

  • Provide required fall protection and training when working on the roof or elevated heights
  • Ensure ladders are used safely (e.g. clearing snow and ice from surfaces)
  • Use extreme caution when working near power lines
  • Prevent harmful exposure to cold temperatures and physical exertion

Safety Tips for Workers

  • Your employer should ensure that you know the symptoms of cold stress
  • Monitor your physical condition and that of your coworkers
  • Dress appropriately for the cold
  • Stay dry in the cold because moisture or dampness, e.g. from sweating, can increase the rate of heat loss from the body
  • Keep extra clothing (including underwear) handy in case you get wet and need to change
  • Drink warm sweetened fluids (no alcohol)
  • Use proper engineering controls, safe work practices and personal protective equipment (PPE) provided by your employer

Dressing Properly for the Cold

Dressing properly is extremely important to preventing cold stress. When cold environments or temperatures cannot be avoided, the following would help protect workers from cold stress:

  • Wear at least three layers of loose fitting clothing. Layering provides better insulation.
    • An inner layer of wool, silk or synthetic (polypropylene) to keep moisture away from the body. Thermal wear, wool, silk or polypropylene, inner layers of clothing that will hold more body heat than cotton.
    • A middle layer of wool or synthetic to provide insulation even when wet.
    • An outer wind and rain protection layer that allows some ventilation to prevent overheating.
  • Tight clothing reduces blood circulation. Warm blood needs to be circulated to the extremities. Insulated coat/jacket (water resistant if necessary)
  • Knit mask to cover face and mouth (if needed)
  • Hat that will cover your ears as well. A hat will help keep your whole body warmer. Hats reduce the amount of body heat that escapes from your head.
  • Insulated gloves (water resistant if necessary), to protect the hands
  • Insulated and waterproof boots to protect the feet

Know your winter weather terms

Blizzard Warning: Issued for sustained or gusty winds of 35 mph or more, and falling or blowing snow creating visibilities at or below 1/4 mile; these conditions should persist for at least three hours.
Wind Chill Advisory: Issued when wind chill temperatures are expected to be a significant inconvenience to life with prolonged exposure, and, if caution is not exercised, could lead to hazardous exposure.
Wind Chill Warning: Issued when wind chill temperatures are expected to be hazardous to life within several minutes of exposure.
Winter Storm Warning: Issued when hazardous winter weather in the form of heavy snow, blizzard conditions, heavy freezing rain or heavy sleet is imminent or occurring. Winter Storm Warnings are usually issued 12 to 24 hours before the event is expected to begin.
Winter Storm Watch: Alerts the public to the possibility of a blizzard, heavy snow, heavy freezing rain or heavy sleet. Winter Storm watches are usually issued 12 to 48 hours before the beginning of a winter storm.
Winter Weather Advisories: Issued for accumulations of snow, freezing rain, freezing drizzle and sleet which will cause significant inconveniences and, if caution is not exercised, could lead to life threatening situations.
(From: National Oceanic and Atmospheric Administration (NOAA))
 

The Rail Workers Hazardous Materials Training Program is pleased to announce the following HazMat/Chemical Emergency Response Training Programs. This training addresses OSHA and DOT required training in addition to procedures, different levels of response and worker protection in a hazardous materials emergency or release, weapons of mass destruction awareness and the incident command system. The training also provides completion of the OSHA 10-Hour General Industry Outreach requirements. The programs are delivered using interactive classroom instruction, small group activities, hands-on drills and a simulated hazmat response in full safety gear.
The Rail Workers Hazardous Materials Training Program is funded to provide this training by a federal grant from the National Institute of Environmental Health Sciences (NIEHS). This five-day hazmat training course will provide rail workers the essential knowledge, skills, and response actions in the case of an unintentional release. These tools will allow rail workers to protect themselves, their co-workers and their communities.
The funding provides the following student expenses: air travel, lodging and meals. In addition, an incentive of $175.00 per day is available to all training participants of these programs, except those who are able to secure regular pay through their employer, or are paid union officers.
The dates of the training class are as follows:

  • November 12-17, 2017
  • January 7-12, 2018
  • February 11-16, 2018
  • March 18-23, 2018

Training will be conducted at the Houston Fire Department’s Val Jahnke Training Facility, 8030 Braniff Street Houston, TX 77061.
Programs begin Sunday evenings* at 5:30 p.m. and conclude Fridays at 1:00 p.m. Students may be asked to travel on Saturdays to meet program start times or where substantial reductions in airfare warrant. When registering, please select dates in order of preference:
Click here for a printable information sheet.
Click here to register for classes.
For phone inquiries please call 202-624-6963, Monday through Friday, between the hours of 9 a.m. and 5 p.m. EST.

The Campaign

OSHA’s Heat Illness Prevention campaign, launched in 2011, educates employers and workers on the dangers of working in the heat. Through training sessions, outreach events, informational sessions, publications, social media messaging and media appearances, millions of workers and employers have learned how to protect workers from heat. OSHA’s safety message comes down to three key words: Water. Rest. Shade.

Dangers of Working in the Heat

Every year, dozens of workers die and thousands more become ill while working in extreme heat or humid conditions. More than 40 percent of heat-related worker deaths occur in the construction industry, but workers in every field are susceptible. There are a range of heat illnesses and they can affect anyone, regardless of age or physical condition.

Heat-related Illnesses and First Aid

Heat stroke, the most serious form of heat-related illness, happens when the body becomes unable to regulate its core temperature. Sweating stops and the body can no longer rid itself of excess heat.
Symptoms: Signs include confusion, loss of consciousness and seizures.
First Aid: Heat stroke is a medical emergency that may result in death! Call 911 immediately. While waiting for help place the worker in a shady and cool area; loosen clothing and remove outer clothing; fan air on the worker and place cold packs in armpits; wet the worker with cool water; provide fluids (preferably water) as soon as possible and stay with the worker until help arrives.
Heat exhaustion is the body’s response to loss of water and salt from heavy sweating.
Symptoms: Signs include headache, nausea or vomiting, dizziness, weakness, light headedness, irritability, thirst and heavy sweating.
First aid for heat exhaustion includes: have the worker sit or lie down in a cool, shady area; give the worker plenty of water or other cool beverages to drink; cool the worker with cold compresses or ice packs; if symptoms worsen or do not improve within 60 minutes, take the worker to a clinic or emergency room for evaluation; the worker should not return to work that day.
Heat cramps are caused by the loss of body salts and fluid during sweating. Low salt levels in muscles cause painful cramps. Tired muscles—those used for performing the work—are usually the ones most affected by cramps. Cramps may occur during or after working hours.
Symptoms include muscle spasms, pain usually in the abdomen, arms or legs
First aid for heat cramps include: have worker rest in a shady, cool area; worker should drink water or other cool beverages; wait a few hours before allowing the worker to return to strenuous work; have worker seek medical attention if cramps don’t go away.
Heat rash, also known as prickly heat, is skin irritation caused by sweat that does not evaporate from the skin. Heat rash is the most common problem in hot work environments.
Symptoms include clusters of red bumps on the skin, often appearing on the neck, upper chest and in folds of skin.
First aid includes keeping the worker in a cooler, less humid environment when possible and keeping the affected area dry.

Employer Responsibility to Protect Workers

Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.

  • Provide workers with water, rest and shade.
  • Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.
  • Plan for emergencies and train workers on prevention.
  • Monitor workers for signs of illness.

Resources

OSHA’s Occupational Exposure to Heat page explains what employers can do to keep workers safe and what workers need to know – including factors for heat illness, adapting to working in indoor and outdoor heat, protecting workers, recognizing symptoms and first aid training. Also look for heat illness educational and training materials on OSHA’s Publications page.

BOSTON – The National Railroad Passenger Corp., better known as Amtrak, retaliated against a supervisory special agent in its inspector general’s office when he raised concerns about railroad safety, fraud and abuse involving an Amtrak contractor and when he supported a fellow agent’s safety concerns during an internal investigation, the U.S. Department of Labor’s Occupational Safety and Health Administration has found.
In early to mid-2010, the agent was investigating an Amtrak contractor that had been convicted in a New York state court for fraud in examining and testing concrete at building projects in the New York City area. This Amtrak contractor had performed testing on certain Amtrak tunnel projects. Strongly believing it was necessary for safety and security reasons, the agent raised safety concerns regarding work performed by this contractor on Amtrak projects.
Then, in October 2010, the agent gave Amtrak’s Dispute Resolution Office information and provided support for a fellow employee who had received a letter of reprimand after he raised safety concerns in a separate matter. The following month, the agent received his first-ever negative performance review. In March 2011, Amtrak notified him that – as a part of an overall reorganization – his position was being eliminated. In the course of the next few months, the agent applied for other positions, but was told that he lacked the required law enforcement training, despite a 40-year law enforcement career that included equivalent training. In June 2011, Amtrak notified the agent that he would be terminated due to his not being placed in a new position.
The terminated agent later filed a whistleblower complaint with OSHA. After concluding its investigation, the agency determined that the complainant engaged in protected Federal Railroad Safety Act activities when he raised concerns about safety issues related to work conducted by the Amtrak contractor and when he expressed his support of his fellow agent’s safety complaints. OSHA also found these protected activities contributed as factors in his termination by Amtrak.
“In this case, an employee was terminated for pursuing and reporting safety concerns. The employer’s retaliation is unacceptable and illegal. Federal law gives rail carrier employees the right to raise safety, health and security concerns with their supervisors without fear of retaliation. When retaliation occurs, it can have a chilling effect on employees and create a climate of silence where employees’ fear to speak up masks conditions that could impact their health and well-being, and that of their customers,” said Jeffrey Erskine, OSHA’s acting New England regional administrator.
OSHA has issued a notice of findings to Amtrak ordering it to take the following corrective actions:

  • Reinstate the employee to his former or a similar position with all rights, seniority and benefits he would have received had he not been discharged.
  • Pay him a total of $892,551, which is comprised of $723,332 in back wages plus $34,218 in interest; $100,000 in punitive damages; $35,000 in compensatory damages; plus reasonable attorney’s fees and costs.
  • Expunge from Amtrak’s records all references related to his discharge and exercise of his FRSA rights; make no adverse statements concerning his employment at Amtrak; and not retaliate or discriminate against him in any manner.
  • Post a notice to all railroad employees about their FRSA rights.

The employee and Amtrak each have 30 days from receipt of OSHA’s findings to file objections and request a hearing before the Labor Department’s Office of Administrative Law Judges.
OSHA enforces the whistleblower provisions of the FRSA and 21 other statutes protecting employees who report violations of various airline, commercial motor carrier, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, worker safety, public transportation agency, railroad, maritime and securities laws.
Employers are prohibited from retaliating against employees who raise various protected concerns or provide protected information to the employer or to the government. Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the Secretary of Labor to request an investigation by OSHA’s Whistleblower Protection Program. Detailed information on employee whistleblower rights, including fact sheets, is available at http://www.whistleblowers.gov.
Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

BNSF Railway to pay more than $147K in back wages, damages to former employee

DENVER – An investigation by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has found that BNSF Railway Company violated federal law when it terminated a track inspector for insubordination after the employee reported railroad track defects to management.
OSHA has ordered BNSF to pay more than $147,000 in back wages and damages and take other corrective actions. Agency investigators determined the company retaliated against the former employee in violation of the Federal Railroad Safety Act. A Berkshire Hathaway company, BNSF is an international railroad operator headquartered in Fort Worth, Texas. It employs more than 42,000 employees.
“BNSF employees have the right to protect their safety and that of other employees and the public without fear of retaliation by their employer,” said Gregory Baxter, regional OSHA administrator in Denver. “Our investigation and our actions on this worker’s behalf underscores the agency’s commitment to take vigorous action to protect workers’ rights.”
The company and the former employee may file objections or request a hearing, within 30 days of receipt of the agency’s order, before the department’s Office of Administrative Law Judges.
OSHA enforces the whistleblower provisions of the CPSIA and 21 other statutes protecting employees who report violations of various airline, consumer product, environmental, financial reform, food safety, health care reform, nuclear, pipeline, public transportation agency, railroad, maritime and securities laws.
Employees who believe that they have been retaliated against for engaging in protected conduct may file a complaint with the secretary of labor. More information is available online at http://www.whistleblowers.gov/index.html.

Anyone working in a cold environment may be at risk of cold stress. Some workers may be required to work outdoors in cold environments and for extended periods, for example, snow cleanup crews, sanitation workers, police officers and emergency response and recovery personnel, like firefighters, and emergency medical technicians. Cold stress can be encountered in these types of work environment. The following frequently asked questions will help workers understand what cold stress is, how it may affect their health and safety, and how it can be prevented.

How cold is too cold?

What constitutes extreme cold and its effects can vary across different areas of the country. In regions that are not used to winter weather, near freezing temperatures are considered “extreme cold.” A cold environment forces the body to work harder to maintain its temperature. Whenever temperatures drop below normal and wind speed increases, heat can leave your body more rapidly.
Wind chill is the temperature your body feels when air temperature and wind speed are combined. For example, when the air temperature is 40°F, and the wind speed is 35 mph, the effect on the exposed skin is as if the air temperature was 28°F.
Cold stress occurs by driving down the skin temperature and eventually the internal body temperature (core temperature). This may lead to serious health problems, and may cause tissue damage, and possibly death.

What are the risk factors that contribute to cold stress?

Some of the risk factors that contribute to cold stress are:

  • Wetness/dampness, dressing improperly, and exhaustion
  • Predisposing health conditions such as hypertension, hypothyroidism, and diabetes
  • Poor physical conditioning

How does the body react to cold conditions?

In a cold environment, most of the body’s energy is used to keep the internal core temperature warm. Over time, the body will begin to shift blood flow from the extremities (hands, feet, arms, and legs) and outer skin to the core (chest and abdomen). This shift allows the exposed skin and the extremities to cool rapidly and increases the risk of frostbite and hypothermia. Combine this scenario with exposure to a wet environment, and trench foot may also be a problem.

What are the most common cold induced illnesses/injuries?

  • Hypothermia
  • Frostbite
  • Trench Foot

What is hypothermia?

Hypothermia occurs when body heat is lost faster than it can be replaced and the normal body temperature (98.6°F) drops to less than 95°F.  Hypothermia is most likely at very cold temperatures, but it can occur even at cool temperatures (above 40°F), if a person becomes chilled from rain, sweat, or submersion in cold water.

What are the symptoms of hypothermia?

  • Mild symptoms:
    • An exposed worker is alert.
    • He or she may begin to shiver and stomp the feet in order to generate heat.
  • Moderate to Severe symptoms:
    • As the body temperature continues to fall, symptoms will worsen and shivering will stop.
    • The worker may lose coordination and fumble with items in the hand, become confused and disoriented
    • He or she may be unable to walk or stand, pupils become dilated, pulse and breathing become slowed, and loss of consciousness can occur. A person could die if help is not received immediately.

What can be done for a person suffering from hypothermia?

  • Call 911 immediately in an emergency; otherwise seek medical assistance as soon as possible.
  • Move the person to a warm, dry area.
  • Remove wet clothes and replace with dry clothes, cover the body (including the head and neck) with layers of blankets; and with a vapor barrier (e.g. tarp, garbage bag). Do not cover the face.
  • If medical help is more than 30 minutes away:
    • Give warm sweetened drinks if alert (no alcohol), to help increase the body temperature. Never try to give a drink to an unconscious person.
    • Place warm bottles or hot packs in armpits, sides of chest, and groin. Call 911 for additional rewarming instructions.
  • If a person is not breathing or has no pulse:
    • Call 911 for emergency medical assistance immediately.
    • Treat the worker as per instructions for hypothermia, but be very careful and do not try to give an unconscious person fluids.
    • Check him/her for signs of breathing and for a pulse. Check for 60 seconds.
    • If after 60 seconds the affected worker is not breathing and does not have a pulse, trained workers may start rescue breaths for 3 minutes.
    • Recheck for breathing and pulse, check for 60 seconds.
    • If the worker is still not breathing and has no pulse, continue rescue breathing.
    • Only start chest compressions per the direction of the 911 operator or emergency medical services*
    • Reassess patient’s physical status periodically.

*Chest compression are recommended only if the patient will not receive medical care within 3 hours.

What is frostbite?

Frostbite is an injury to the body that is caused by freezing of the skin and underlying tissues. The lower the temperature, the more quickly frostbite will occur. Frostbite typically affects the extremities, particularly the feet and hands. Amputation may be required in severe cases.

What are the symptoms of frostbite?

  • Reddened skin develops gray/white patches.
  • Numbness in the affected part.
  • Feels firm or hard.
  • Blisters may occur in the affected part, in severe cases.

What can be done for a person suffering from frostbite?

  • Follow the recommendations described above for hypothermia.
  • Do not rub the affected area to warm it because this action can cause more damage.
  • Do not apply snow/water. Do not break blisters.
  • Loosely cover and protect the area from contact.
  • Do not try to rewarm the frostbitten area before getting medical help; for example, do not place in warm water. If a frostbitten area is rewarmed and gets frozen again, more tissue damage will occur. It is safer for the frostbitten area to be rewarmed by medical professionals.
  • Give warm sweetened drinks, if the person is alert. Avoid drinks with alcohol.

What is immersion/trench foot?

Trench Foot or immersion foot is caused by prolonged exposure to wet and cold temperatures. It can occur at temperatures as high as 60°F if the feet are constantly wet. Non-freezing injury occurs because wet feet lose heat 25-times faster than dry feet. To prevent heat loss, the body constricts the blood vessels to shut down circulation in the feet. The skin tissue begins to die because of a lack of oxygen and nutrients and due to the buildup of toxic products.

What are the symptoms of trench foot?

  • Redness of the skin, swelling, numbness, blisters

What can be done for a person suffering from immersion foot?

  • Call 911 immediately in an emergency; otherwise seek medical assistance as soon as possible.
  • Remove the shoes, or boots, and wet socks.
  • Dry the feet.

How can cold stress be prevented?

Although OSHA does not have a specific standard that covers working in cold environments, employers have a responsibility to provide workers with employment and a place of employment which are free from recognized hazards, including cold stress, which are causing or are likely to cause death or serious physical harm to them (Section 5(a)(1) of the Occupational Safety and Health Act of 1970). Employers should, therefore, train workers on the hazards of the job and safety measures to use, such as engineering controls and safe work practices, that will protect workers’ safety and health.
Employers should train workers on how to prevent and recognize cold stress illnesses and injuries and how to apply first aid treatment. Workers should be trained on the appropriate engineering controls, personal protective equipment and work practices to reduce the risk of cold stress.
Employers should provide engineering controls. For example, radiant heaters may be used to warm workers in outdoor security stations. If possible, shield work areas from drafts or wind to reduce wind chill.
Employers should use safe work practices. For example, it is easy to become dehydrated in cold weather. Employers therefore, can provide plenty of warm sweetened liquids to workers.  Avoid alcoholic drinks. If possible, employers can schedule heavy work during the warmer part of the day. Employers can assign workers to tasks in pairs (buddy system), so that they can monitor each other for signs of cold stress. Workers can be allowed to interrupt their work, if they are extremely uncomfortable. Employers should give workers frequent breaks in warm areas. Acclimatize new workers and those returning after time away from work, by gradually increasing their workload, and allowing more frequent breaks in warm areas, as they build up a tolerance for working in the cold environment. Safety measures, such as these, should be incorporated into the relevant health and safety plan for the workplace.
Dressing properly is extremely important to preventing cold stress. The type of fabric worn also makes a difference. Cotton loses its insulation value when it becomes wet. Wool, silk and most synthetics, on the other hand, retain their insulation even when wet. The following are recommendations for working in cold environments:

  • Wear at least three layers of loose fitting clothing. Layering provides better insulation. Do not wear tight fitting clothing.
    • An inner layer of wool, silk or synthetic to keep moisture away from the body.
    • A middle layer of wool or synthetic to provide insulation even when wet.
    • An outer wind and rain protection layer that allows some ventilation to prevent overheating.
  • Wear a hat or hood to help keep your whole body warmer. Hats reduce the amount of body heat that escapes from your head.
  • Use a knit mask to cover the face and mouth (if needed).
  • Use insulated gloves to protect the hands (water resistant if necessary).
  • Wear insulated and waterproof boots (or other footwear).

Safety Tips for Workers

  • Your employer should ensure that you know the symptoms of cold stress.
  • Monitor your physical condition and that of your coworkers.
  • Dress properly for the cold.
  • Stay dry in the cold because moisture or dampness, e.g. from sweating, can increase the rate of heat loss from the body.
  • Keep extra clothing (including underwear) handy in case you get wet and need to change.
  • Drink warm sweetened fluids (no alcohol).
  • Use proper engineering controls, safe work practices, and personal protective equipment (PPE) provided by your employer.

Additional Resources

Cold Stress. National Institute for Occupational Safety and Health (NIOSH).

NOTE:

The Occupational Safety and Health Act (OSH Act) requires employers to comply with hazard-specific safety and health standards. In addition, pursuant to Section 5(a)(1) of the OSH Act, employers must provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm. Emergency Preparedness Guides do not and cannot enlarge or diminish an employer’s obligations under the OSH Act.
Emergency Preparedness Guides are based on presently available information, as well as current occupational safety and health provisions and standards. The procedures and practices discussed in Emergency Preparedness Guides may need to be modified when additional, relevant information becomes available or when OSH Act standards are promulgated or modified.

HEAT ILLNESS CAN BE DEADLY

OSHA_heat_ad-colorThe body normally cools itself by sweating. During hot weather, especially with high humidity, sweating isn’t enough. Body temperature can rise to dangerous levels if you don’t drink enough water and rest in the shade. You can suffer from heat exhaustion or heat stroke.
In 2014 alone, 2,630 workers suffered from heat illness and 18 died from heat stroke and related causes on the job. Heat illnesses and deaths are preventable.
 
 

Employers must protect workers from excessive heat

Under OSHA law, employers are responsible for providing workplaces free of known safety hazards. This includes protecting workers from extreme heat. An employer with workers exposed to high temperatures should establish a complete heat illness prevention program.

  • Provide workers with water, rest and shade.
  • Allow new or returning workers to gradually increase workloads and take more frequent breaks as they acclimatize, or build a tolerance for working in the heat.
  • Plan for emergencies and train workers on prevention.
  • Monitor workers for signs of illness.

To prevent heat related illness and fatalities:

  • Drink water every 15 minutes, even if you are not thirsty.
  • Rest in the shade to cool down.
  • Wear a hat and light-colored clothing.
  • Learn the signs of heat illness and what to do in an emergency.
  • Keep an eye on fellow workers.
  • “Easy does it” on your first days of work in the heat. You need to get used to it.

Working in full sunlight can increase heat index values by 15 degrees Fahrenheit. Keep this in mind and plan additional precautions for working in these conditions.

Who is affected?OSHA_heat_maintips

Any worker exposed to hot and humid conditions is at risk of heat illness, especially those doing heavy work tasks or using bulky protective clothing and equipment. Some workers might be at greater risk than others if they have not built up a tolerance to hot conditions,including new workers, temporary workers, or those returning to work after a week or more off. All workers are at risk during a heat wave.
Industries most affected by heat-related illness are: construction; trade, transportation and utilities; agriculture; building, grounds maintenance; landscaping services; and support activities for oil and gas operations.

What to do if a worker becomes ill?

  • Call a supervisor for help. If a supervisor is not available, call 911.
  • Have someone stay with the worker until help arrives.

Click here to listen to OSHA’s Heat Advisory Call.
Click here to download OSHA’s Heat Safety Tool Smartphone App.
Click here for more information from OSHA on heat safety.

OSHA is a Weather-Ready Nation Ambassador (WRN) committed to working with NOAA and other Ambassadors to strengthen national preparedness for and resilience against extreme weather.
How can OSHA help? Workers have a right to a safe workplace. If you think your job is unsafe or have questions, visit OSHA’s Worker’s Page or call 1-800-321-6742 (OSHA). It’s confidential. For other valuable worker protection information, such as Workers’ Rights, Employer Responsibilities, and other services OSHA offers, visit OSHA’s Workers’ page.
OSHA also provides help to employers. OSHA’s On-site Consultation Program offers free and confidential advice to small and medium-sized businesses in all states across the country, with priority given to high-hazard worksites. For more information or for additional compliance assistance contact OSHA at 1-800-321-6742 (OSHA).

WASHINGTON – The Occupational Safety and Health Administration (OSHA) has published a final rule that updates requirements for personal protective equipment for workers in general industry, shipyards, longshoring, marine terminals and construction.
The final rule reflects current national consensus standards, and ensures that workers can use up-to-date eye and face protection.
The rule updates references in OSHA’s Eye and Face Protection Standards to recognize the ANSI/ISEA Z87.1-2010, Occupational and Educational Personal Eye and Face Protection Devices, while deleting the outdated 1986 edition of that same national consensus standard. OSHA is also retaining the 2003 and 1989 (R-1998) versions of the ANSI standard already referenced in its standard.
Under the final rule, employers may follow any of the three latest versions of the Z87.1 standards. The new rule places no new obligations, costs or time constraints on employers. Employers that are already in compliance with OSHA’s eye and face requirements may continue their current practice in providing eye and face protection to their employees. The final rule now allows employers to follow the newest ANSI/ISEA Z87.1-2010 standard if they so choose.
Click here to read OSHA’s final rule in its entirety. For more information, visit OSHA’s website.

FMCSAWASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the publication in the Federal Register of a Final Rule to help further safeguard commercial truck and bus drivers from being compelled to violate federal safety regulations. The Rule provides FMCSA with the authority to take enforcement action not only against motor carriers, but also against shippers, receivers, and transportation intermediaries.

“Our nation relies on millions of commercial vehicle drivers to move people and freight, and we must do everything we can to ensure that they are able to operate safely,” said U.S. Transportation Secretary Anthony Foxx. “This Rule enables us to take enforcement action against anyone in the transportation chain who knowingly and recklessly jeopardizes the safety of the driver and of the motoring public.” 

The Final Rule addresses three key areas concerning driver coercion: procedures for commercial truck and bus drivers to report incidents of coercion to the FMCSA, steps the agency could take when responding to such allegations, and penalties that may be imposed on entities found to have coerced drivers. 

“Any time a motor carrier, shipper, receiver, freight-forwarder, or broker demands that a schedule be met, one that the driver says would be impossible without violating hours-of-service restrictions or other safety regulations, that is coercion,” said FMCSA Acting Administrator Scott Darling. “No commercial driver should ever feel compelled to bypass important federal safety regulations and potentially endanger the lives of all travelers on the road.” 

In formulating this Rule, the agency heard from commercial drivers who reported being pressured to violate federal safety regulations with implicit or explicit threats of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable work hours or transportation jobs, or other direct retaliations.

Some of the FMCSA regulations drivers reported being coerced into violating included: hours-of-service limitations designed to prevent fatigued driving, commercial driver’s license (CDL) requirements, drug and alcohol testing, the transportation of hazardous materials, and commercial regulations applicable to, among others, interstate household goods movers and passenger carriers.  

Commercial truck and bus drivers have had whistle-blower protection through the Department of Labor’s Occupational Safety and Health Administration (OSHA) since 1982, when the Surface Transportation Assistance Act (STAA) was adopted. The STAA and OSHA regulations protect drivers and other individuals working for commercial motor carriers from retaliation for reporting or engaging in activities related to certain commercial motor vehicle safety, health, or security conditions. STAA provides whistleblower protection for drivers who report coercion complaints under this Final Rule and are then retaliated against by their employer.

In June 2014, FMCSA and OSHA signed a Memorandum of Understanding to strengthen the coordination and cooperation between the agencies regarding the anti-retaliation provision of the STAA. The Memorandum allows for the exchange of safety, coercion, and retaliation allegations, when received by one agency, that fall under the authority of the other. 

For more information on what constitutes coercion and how to submit a complaint to FMCSA, see: www.fmcsa.dot.gov/safety/coercion. Please note: the Final Rule takes effect 60 days following its publication in the Federal Register.

This rulemaking was authorized by Section 32911 of the Moving Ahead for Progress in the 21st Century Act (MAP-21) and the Motor Carrier Safety Act of 1984 (MCSA), as amended.  

For a copy of today’s Federal Register announcement, see: www.federalregister.gov/articles/2015/11/30/2015-30237/prohibiting-coercion-of-commercial-motor-vehicle-drivers.

* * *

The public, commercial drivers, motor carriers, and other industry members may file a safety, service, or discrimination complaint against a household goods moving company, bus, or truck company, including hazardous materials hauler or a cargo tank facility, by calling toll free 1-888-DOT-SAFT (1-888-368-7238) from 9:00 a.m. to 7:00 p.m., Monday through Friday, Eastern Time. Complaints may also be submitted through FMCSA’s National Consumer Complaint website at: http://nccdb.fmcsa.dot.gov.

FMCSA was established as a separate administration within the U.S. Department of Transportation on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999. Its primary mission is to reduce crashes, injuries, and fatalities involving large trucks and buses. For more information on FMCSA’s safety programs and activities, visit: http://www.fmcsa.dot.gov.

OSHA enforces the whistleblower provisions of the Occupational Safety and Health Act and 21 other statutes protecting employees who report violations of various workplace, commercial motor vehicle, airline, nuclear, pipeline, environmental, railroad, public transportation, maritime, consumer product, motor vehicle safety, health care reform, corporate securities, food safety, and consumer financial reform regulations. Additional information is available at: http://www.whistleblowers.gov. 

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA’s role is to ensure these conditions for America’s working men and women by setting and enforcing standards, and providing training, education, and assistance. For more information, visit: http://www.osha.gov.

osha-logo_webEarlier last week, the Occupational Safety and Health Administration (OSHA) issued a final rule covering railroad whistleblower cases and employer retaliation. The rule serves to clarify whistleblower protections already in place and establishes procedures and time frames for handling employee retaliation complaints covered under the National Transit Systems Security Act (NTSSA) and the Federal Railroad Safety Act (FRSA).

The final rule stipulates and clarifies the following:

  1. Prompt medical treatment violations or interference with medical treatment cases will be handled procedurally the same way as all other whistleblower cases.
  2. A refusal to allow an employee to return to work, which is not based on standards recorded in the railroad’s official policies, not uniformly applied or not medically reasonable, can be offered to demonstrate that the refusal is not a legitimate safety concern, but rather motivated by retaliatory intent.
  3. The time limit to file a whistleblower complaint is 180 days after the railroad’s decision has been made and communicated to the employee. To clarify this is when the employee is aware or should be aware of the decision, not when the employee learns of the retaliatory nature of the action.
  4. A contributing factor for a retaliatory action is that the adverse action must take place within a temporal time of the protected activity, or at the first opportunity available to the retaliating manager. That can be a number of years between the protected activity and the retaliatory actions in situations where the manager did not have the opportunity to retaliate until a later time.
  5. Interest on awarded back pay will be computed by compounding daily IRS interest rates for the underpayment of taxes, which is currently the Federal short-term rate plus three percent.
  6. Front pay is a potential remedy where reinstatement is not possible because of the unacceptable working relationship, the position has been abolished or the employee is medically unable to work because of severe depression caused by the retaliation.
  7. OSHA has the authority to grant injunctive relief such as expunging certain personnel files, not applying a policy to an employee, posting a notice regarding a whistleblower result, training for managers, etc.
  8. Hearsay evidence is admissible.
  9. An employee filing a complaint in district court must give notice to OSHA within seven days after filing the complaint.
  10. An employee may file both a whistleblower and a FELA complaint at the same time. If violations of other laws are involved, employees may also file those complaints at the same time.