Contractors in central and southern Arizona know all too well the work hazards that accompany Arizona’s notorious summers. OSHA’s recently launched National Emphasis Program on Outdoor and Indoor Heat Hazards (NEP) provides a useful reminder of the risks of heat stress and how to help workers avoid it.
Before we describe some of the resources at your disposal, let’s briefly discuss the NEP and its application in Arizona. The NEP, which went into effect April 8 and is scheduled to continue for three years, calls for heat-specific workplace inspections in over 70 high-risk industries (including construction) at locations where the National Weather Service has issued a heat warning or advisory for the local area.
For now, per a recent OSHA Defense Report (Conn Maciel Carey), Arizona employers are not directly subject to the program, as workplace safety enforcement in the state is performed by the Arizona Division of Occupational Safety and Health (ADOSH) under OSHA’s “Arizona State Plan.” According to the Report:
State Plans are strongly encouraged, but are not required, to adopt the NEP. By June 7, 2022, the State Plans must submit a notice of intent indicating whether they already have a similar enforcement program in place, or whether they intend to adopt new policies and procedures at least as effective as this NEP.
However, as we reported in our May 3 article, OSHA is threatening to revoke the Arizona State Plan. If it makes good on that threat, all OSHA standards and requirements will go into effect in Arizona (see “OSHA Takeover? How Arizona Contractors Can Prepare”).
Therefore, employers would be wise to double-down on heat-stress prevention – not just to satisfy state and federal regulators, but because keeping workers safe, healthy, and on the job is good business.
Heat Stress Avoidance. As the Industrial Commission of Arizona’s Heat Stress Awareness page notes, “Worksites involving high air temperatures, radiant heat sources (e.g., sunlight, hot exhaust), high humidity, direct contact with hot objects, or strenuous physical activities have a high potential for causing heat-related illnesses.”
For employers, the ICA page provides links to useful resources, including a:
If you would like a private-sector perspective on heat stress prevention, these articles might prove useful:
We also recommend that you contact your trade association for information that is specific to your construction trade. The May 11, 2022, webinar sponsored by the ASA Health & Safety Committee provided some timely resources, including a presentation by Mobile IV Nurses, “Heat-Related Injuries, OSHA, and How Mobile Hydration Can Benefit Your Employees.”
If you have a question about a workplace safety issue or violation, please contact Kent Lang or Jamie Hanson.
| Lang Thal King & Hanson PC
Lang Thal King & Hanson PC is a 2024 Best Law Firms Metro Tier 1 (Scottsdale) selectee for Construction Law, Construction Litigation and Commercial Litigation, and a Tier 2 selectee for Arbitration.
The act of visiting or communicating with Lang Thal King & Hanson PC, via this website or by email does not create an attorney-client relationship. Communications from non-clients are not subject to client confidentiality or attorney-client privilege.
Further, the articles, discussion, commentary, forms and sample documentation contained in this website are offered as general guidance only and are not to be relied upon as specific legal advice. For legal advice on a specific matter, please consult with an attorney who is knowledgeable and experienced in that area. While the articles on this website accurately describe applicable law on the subject covered as of the date of publication, the law continues to develop with the passage of time. Accordingly, care should be taken to verify that the statutes, case law and regulations described have not changed since the article's publication.
The lawyers listed in this website practice law only in the jurisdictions where they are admitted. This website is regulated by the Arizona Rules of Professional Conduct.
Lang Thal King & Hanson construction, litigation and business attorneys represent contractors, subcontractors and general business owners in construction law, contractor licensing, collections and general commercial litigation in the Phoenix area and throughout Arizona.