Worker Safety in the Heat
The warm weather is already treating some of you to increased opportunities to work and play outdoors. The warm weather brings lots of benefits but it also brings workplace safety concerns and the federal government recently addressed the issue through a practical guidance.
Whether the federal employment safety law, the Occupational Safety Health Act (OSHA), applies to tribal employers is an open question because the law is silent in its applicability to tribal employers. Setting aside that jurisdictional debate for a moment, the agency’s recent guidance published April 10, 2026 titled National Emphasis Program-Outdoor and Indoor Heat-Related Hazards, is a readable collection of common sense protections for employers.
The guidance directs employers to emphasize training employees to recognize the signs and symptoms of heat-related illness and how certain medications and pre-existing medical conditions increase these risks. The guidance encourages employers to assess the availability of personal protective equipment and what it calls engineering controls which are, for example, air conditioning, shade and fans. The guidance discusses modification of workplace rules wherein hot jobs can be scheduled during cooler parts of the workday, more frequent work breaks with adequate water and acclimating employees to the heat.
The guidance included a checklist for its compliance officers and that checklist may serve you well in evaluating your worksites. The checklist is generic but also addresses the need for job category related plans that should focus an employer’s attention.
Compliance Checklist
A. Ensure the availability and use of all necessary and appropriate personal protective equipment (PPE).
B. Ensure all PPE, calibrated inspection equipment, and supplies are retrievable and ready for use.
C. Review any relevant cleaning procedures for equipment and the vehicle, government (GOV) or personal (POV).
D. For all heat inspections, the manager/supervisor/CSHO, in consultation with designated regional office staff, will develop and document a risk assessment that includes an exposure control plan, Job-Hazard Analysis, and PPE hazard assessment prior to entry and update it as necessary for each inspection, to include individual inspection risks that may not otherwise be captured in a general or overall worksite assessment. Individual inspection risks may be based on factors such as industry type, on-site hazard location, and acclimatization.
E. Ensure GOV or POV is road-ready to include gas/fuel, first aid kit, hand sanitizer, disinfecting wipes, or other cleaning and/or disinfecting agents (as required), and bags to dispose of contaminated PPE and used disinfecting wipes.
F. Ensure there is enough cool water available to drink, while performing an inspection on a heat priority day and in accordance with the JHA in d. above; (NIOSH recommends a cup of water every 15 minutes). Ensure the air conditioning in the GOV or POV is adequate to provide a cool place to rest during inspections on heat priority days. ADs are to provide addition items as needed (such as cooler, umbrella).
G. Develop a document request letter in advance of the opening conference (e.g., programs, OSHA Form 300/300A, and summaries) to be provided to the employer during the opening conference, if needed.
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Richard McGee can be reached at 612-812-9673 or richard@richardmcgeelaw.com.