Newsletter 27th Edition

Good morning! For many this weekend was an unofficial holiday of sorts, if you know what I mean. Which is why OHSA’s review of cannabis production safety news is well timed for this weeks newsletter. We also dive into a controversial heat bill that was passed in Florida and how that the state and it’s growing number of heat related deaths. Plus, a lot more. So, if you’re ready let’s dive in to this weeks edition!

THIS WEEK’S TIPS

This week’s safety upgrades:

• Heat Protection Education

• OSHA 2023 Data Release

• New NY Violence Prevention Plan? What you need to know.

PROFESSIONAL DEVELOPMENT

This Weeks Professional Development Tip

• 5 Strategies for Improving Mental Health at Work

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HEAT PROTECTION
Florida, Texas or Ohio?

Stop us if you’ve ever played this game before. We tell you something stupid that happened and you guess if it was Florida, Texas or Ohio that did it. What happened? A bill was signed into law banning local governments from requiring heat protection for outdoor workers. So, which state is it?

If you guessed Florida you’re right!

Florida Governor Ron DeSantis signed House Bill 433 into law, making Florida the second state to prevent local governments from imposing heat protection measures for outdoor workers. Effective July 1, the law imposes constraints on city and county governments, prohibiting them from establishing heat exposure requirements beyond those mandated by state or federal law. The bill, also known as the Employment Regulations Bill, prevents local governments from setting minimum wages different from state or federal standards and from giving preferences to businesses based on their employment benefits. While the bill recognizes the importance of preventing heat-related illnesses and advocates for collaboration between employers and employees, it argues against local governments creating their own heat exposure requirements, citing potential inconsistencies and the individual responsibility of workers to follow guidelines.

Despite Florida lacking statewide heat protection standards, federal Occupational Safety and Health Administration (OSHA) guidelines are referenced, which require employers to maintain workplaces free from recognized hazards, including heat-related risks. The legislation's impact will void any local measures aimed at protecting workers from heat exposure, such as Miami-Dade County's proposal for mandatory breaks and shade for outdoor workers. Critics argue that the law disregards the increasing heat-related deaths in Florida, which have risen by 95% from 2010 to 2022, and that it prioritizes business interests over worker safety. Florida joins Texas (we’ll give you credit if you guessed Texas) in prohibiting local heat protections, while only five states nationwide have statewide heat protection measures in place.

Florida Worker Dies From Heatstroke  

A 26-year-old man from Mexico died from heat-related injuries on his first day working on a Belle Glade sugar cane farm in September 2023, where the heat index hit 97 degrees. McNeill Labor Management Inc., the farm's labor contractor, hired him under the H-2A program but failed to implement safety measures, like acclimation plans. Despite exhibiting symptoms, he collapsed while working in direct sunlight, an hour away from medical help. OSHA cited McNeill Labor with one serious violation for exposing workers to high heat hazards and failing to report the incident. Facing $27,655 in penalties, the company contests the findings. Operating in Belle Glade, McNeill provides contract labor for various agricultural tasks nationwide. OSHA's Heat Illness Prevention campaign raises awareness about heat hazards and offers tools to mitigate risks for outdoor workers. For more on OSHA's Heat Illness Prevention Campaign, visit www.osha.gov/heat.

Related: What do heat warnings and watches mean? Terms you should know

Related: Heat-related deaths in Florida have increased 88% in 3 years as temps continue to rise

Related: Limited regulations make Texas workers responsible for preventing on-the-job heat injuries

OSHA NEWS
2023 Injury and Illness Data is out!

OSHA released their preliminary 2023 injury and illness data shedding light on some national trends. Among the key findings, it was revealed that injuries accounted for 90% of reported cases, with skin conditions, poisonings, and other illnesses comprising 5%, respiratory diseases 4%, and hearing loss 1%. Industries like wholesale trade, construction, and transportation/warehousing exhibited higher rates of injury cases, while respiratory diseases were more prevalent in the health care and social assistance sectors. This data collection initiative falls under OSHA's Improve Tracking of Workplace Injuries and Illnesses regulation, introduced in July 2023, aimed at pinpointing unsafe conditions and hazards to enhance injury prevention efforts.

The release of this data comes at a sobering time, coinciding with Workers Memorial Day on April 28, which honors individuals who have lost their lives due to work-related incidents. OSHA is actively engaged in hosting various events from April 22 to April 25, covering topics such as the OSHA inspection process, mental health support post-safety incidents, workers' compensation, and teen workplace safety awareness.

Additionally, there's a growing trend among companies to leverage technology, particularly artificial intelligence (AI) and advanced data analytics, to bolster workplace safety efforts. These technologies are being utilized to proactively identify and mitigate risks, demonstrating a shift towards a more preventive approach to safety management.

In light of these developments, there's an increasing recognition that ensuring workplace safety goes beyond just implementing policies and procedures. It requires a cultural shift towards prioritizing safety at all levels of an organization, dispelling misconceptions about the likelihood of incidents and their impact, and fostering a proactive safety mindset among employees.

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AGRICULTURAL SAFETY
OSHA Regulating Cheech & Chong

During a webinar, two officials from the Occupational Safety and Health Administration (OSHA) discussed the agency's guidance and priorities concerning the safety of workers in the cannabis industry. One official emphasized the importance of improved tracking and reporting of negative health outcomes, citing a fatality from occupational asthma in the U.S. cannabis sector.

OSHA's federal and state guidelines apply to cannabis businesses, despite federal prohibition. State plans often include specific guidance for commercial cannabis operations, and some states, like Michigan, have issued programs covering various aspects of cannabis cultivation and processing.

Employers in the cannabis industry have responsibilities such as labeling hazardous chemicals and conducting workplace hazard assessments to determine potential employee exposure. Collaboration with the National Institute of Occupational Safety and Health (NIOSH) helps OSHA evaluate workplace hazards, including exposures to substances like tetrahydrocannabinol (THC) and endotoxins.

Workers in different roles within the cannabis industry face varying risks. Growers may be exposed to mold and pesticides, processors to solvents and combustible dust, and retail workers to various chemicals and potential workplace violence.

The presentation also addressed the 2022 death of a Massachusetts cannabis worker due to occupational asthma. It stressed the need for better detection protocols, specialist referrals, and research into cannabis-related risks to improve health and safety in the industry.

Moreover, the event touched on OSHA's recent memo about drug testing policies in the context of marijuana use by employees. Despite federal prohibition complicating OSHA's approach, efforts are underway to address safety concerns in the cannabis industry, including calls for federal legalization and the development of national workplace safety standards.

WORKPLACE VIOLENCE
New Violence Prevention Plan for NY?

New York State may have a new retail violence prevention plan in the works. The proposed Retail Worker Safety Act in New York aims to address the growing concern over violence towards retail employees by mandating comprehensive safety measures. These measures include ongoing training programs focused on violence prevention and de-escalation techniques, regular risk assessments of workplace environments, and the installation of panic buttons for larger employers. Despite the reported increase in violence within retail settings, the proposal faces potential opposition from business lobbies during the legislative process.

The unique challenges of customer-facing environments in retail stores contribute to safety concerns, with incidents ranging from petty theft to hostile customer interactions. Surveys of retail workers indicate a rise in unsafe incidents, leading to retention concerns among employees. High-profile incidents, such as assaults in grocery stores and convenience stores, highlight the urgency of addressing workplace violence.

While retailers have implemented various security measures, such as increased security personnel and surveillance systems, the proposed legislation seeks to standardize safety protocols across the state. If enacted, the law would require the state Department of Labor to develop a violence prevention training program and mandate the retention of records documenting violent incidents. This legislation aims to ensure consistent and effective protections for all retail workers.

Similar laws addressing workplace violence exist in other states, with California preparing to implement a workplace violence prevention plan. The New York proposal is modeled after existing policies for public workers and awaits further action in the legislative process

TECHNOLOGY
AI in Construction, is Your Job Safe?

The construction industry, long characterized by manual labor and traditional practices, is experiencing a transformation with the integration of artificial intelligence (AI). This shift is driven by the industry's growing recognition of AI's potential to enhance efficiency, safety, and accessibility.

AI is being utilized across various stages of construction projects, ranging from design and planning to project management and quality control. By leveraging AI, construction companies can achieve cost savings, expedite project timelines, and improve the overall quality of their work. Moreover, AI facilitates enhanced worker training through immersive simulations and provides sophisticated tools to aid workers in decision-making and performance optimization.

In terms of worker safety, AI plays a crucial role in mitigating hazards inherent in construction sites, which are among the most dangerous work environments. AI-powered systems equipped with computer vision and image analysis algorithms monitor worksites in real-time, identifying safety violations and potential hazards. Wearable devices, such as smart hard hats and proximity sensors, offer additional layers of protection by detecting fatigue, assessing air quality, and alerting workers to imminent dangers.

Furthermore, AI contributes to improving accessibility for workers with disabilities, addressing a longstanding challenge in the construction industry. Wearable technologies like exoskeleton suits and robotic arms augment mobility and muscle function, enabling individuals with physical impairments to perform tasks that were previously beyond their capabilities. Digital applications such as Building Information Modeling (BIM) software and virtual reality tools offer new avenues for participation and accommodation, expanding opportunities for disabled workers.

Despite the potential benefits of AI, construction companies must carefully consider the costs and challenges associated with its implementation. Privacy concerns, compliance with employment laws, and the financial feasibility of AI technologies are important factors to evaluate. Nevertheless, the promise of AI to enhance safety and accessibility underscores its significance in shaping the future of the construction industry. As companies continue to invest in AI-driven solutions, the industry is poised to undergo further innovation and evolution.

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