News & Information

CCH® HR MANAGEMENT - 01/29/09

Are you keeping your employees safe in the cold?

More than 700 people die of hypothermia in the United States each year. What can an employer do to protect cold-weather workers from potentially deadly working conditions? Under the Occupational Safety and Health Act, employers are required to provide a workplace free of recognized hazards that may cause death or serious physical harm to its employees. This directive applies to cold-weather worksites as well. Serious conditions such as hypothermia and frostbite can result from working in bitter cold temperatures.

The Occupational Safety and Health Administration (OSHA) has recognized these hazards and developed a "Cold Stress" card with recommendations for preventing many cold-related injuries and illnesses. Employers can help protect workers by taking the following steps:

• Recognize the environmental and workplace conditions that can lead to cold-induced illnesses and injuries.

• Learn the signs and symptoms of cold-induced illnesses and injuries. Educate employees about such injuries and how to avoid them.

• Require employees to wear proper clothing for cold, wet and windy conditions, Encourage them to layer clothing to adjust to changing environmental temperatures and to wear a hat and gloves, in addition to underwear that will keep water away from the skin (polypropylene).

• Wherever possible, schedule work for the warmest part of the day.

• Schedule work shifts to prevent employee exhaustion or fatigue; energy is needed to keep muscles warm.

• Use the buddy system. Assign work in pairs so that employees can recognize the danger signs in their co-workers.

• Be sure that workers take frequent short breaks in warm, dry shelters to allow the body to warm up.

• Encourage employees to drink warm, sweet beverages (sugar water, sports-type drinks) and avoid drinks with caffeine (coffee, tea, sodas or hot chocolate) or alcohol. Eat warm, high-calorie foods such as hot pasta dishes.

Who pays for PPE? In 2007, OSHA issued a final rule to clarify who is responsible for paying for personal protective equipment (PPE). Under the general PPE standard, employers generally must provide required PPE at no cost to employees. There are exceptions for certain types of PPE, however, including ordinary clothing and weather-related gear.

An employer is not required to pay for everyday clothing, such as long-sleeve shirts, long pants, street shoes, and normal work boots. This exception applies even when the employer requires employees to use these items and the clothing provides protection from a workplace hazard. Similarly, the employer is not required to pay for 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.

If ordinary weather gear is not sufficient to protect the employee, however, and special equipment or extraordinary clothing is needed to protect the employee from unusually severe weather conditions, the employer is required to pay for the protection. Also, clothing used to protect employees from artificial heat or cold is not part of the exception. For example, the employer is required to pay for heavy coats for employees working in a freezer warehouse who may need them for protection.

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