We want to inform you of a new OSHA enforcement agenda that will cut across all industries, from General Industry to Construction to Agricultural. It involves the hazards of heat illness. The agency will be using the General Duty Clause to issue citations. We have been involved in several OSHA enforcement actions involving fatalities due to alleged heat illness. What makes this hazard more problematic is that it also can involve many additional employer legal liabilities, including criminal liability for injury, ADA liability if the employee has a physical impairment that may require an accommodation to work in a heated environment and “multi-employer” worksite liability if the host employer exposes outside contractor employees to excessive heat. The enclosed article addresses all of these liability issues.
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