AUGUST 2024
TABLE OF CONTENTS
TABLE OF CONTENTS
TABLE OF CONTENTS
TABLE OF CONTENTS
TABLE OF CONTENTS
and Illness Prevention Rule
By: Debra Fowler, SHRM-CP
Director, Compliance & Policy
OSHA Heat Injury
The Occupational Safety and Health Administration (OSHA) published a proposed national heat standard, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, on July 2, 2024.
This proposed standard, currently published as the unofficial version, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings - NPRM (osha.gov), has been in the works for several years and includes general requirements for all covered employers and additional requirements when temperatures reach or exceed certain temperatures, triggering a “high heat” rule.
OSHA’s proposed rule cites heat as “the leading cause of death among all weather-related phenomena in the United States,”
and that the proposed rule would “substantially reduce the risk posed by occupation exposure to hazardous heat by clearly setting forth employer obligations and the measures necessary to effectively protect exposed workers.”
Heat Triggers and Measurement
The proposed rule identifies two (2) applicable heat triggers and provides two (2) measurements of temperature that can be used: either “wet bulb globe” or “heat index”:
Initial Heat Trigger of 80 degrees Fahrenheit
High Heat Trigger of 90 degrees Fahrenheit
Vocabulary
Wet Bulb Globe
Wet bulb globe temperature is measured using humidity, wind speed, solar radiation/cloud cover, sun angle, and air temperature – usually measured in direct sunlight.
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Heat Index
Heat index temperature is measured by air temperature and humidity – usually measured in the shade.
The proposed rule allows employers to choose either temperature measurement for their compliance efforts.
Employer Requirements
The proposed rule includes employer requirements to:
1. Create a plan
Create a plan to address excessive heat exposure for both indoor and outdoor work areas, called a Heat Injury and Illness Prevention Plan (HIIPP).
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The plan would need to be reviewed and evaluated on an annual and heat-related incident basis.
2. Identify heat hazards
Identify heat hazards in both indoor and outdoor settings, and to develop a plan for monitoring temperatures using the measurement options listed above, mitigating risks to employees, including providing water, breaks, identifying symptoms of heat-related illness, actions to take when an employee is experiencing signs and symptoms of heat-related illness or injury, and develop training to cover these topics.
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Employers would need to develop the plan in collaboration with the employees that work in these conditions.
3. Obtain Control Measures
Identify heat hazards in both indoor and outdoor settings, and to develop a plan for monitoring temperatures using the measurement options listed above, mitigating risks to employees, including providing water, breaks, identifying symptoms of heat-related illness, actions to take when an employee is experiencing signs and symptoms of heat-related illness or injury, and develop training to cover these topics.​
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Initial Heat Trigger/80 Degrees Fahrenheit employers should provide:
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cool drinking water;
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break areas with cooling measures;
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indoor work area controls;
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acclimatization protocols for new and returning unacclimatized employees;
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paid rest breaks if needed to prevent overheating; and
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regular and effective two-way communication.
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High Heat Trigger/90 Degrees Fahrenheit employers should provide:
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mandatory rest breaks of 15 minutes at least every;
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two hours (unpaid meal break may count as a rest break);
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observation for signs and symptoms of heat-related illness;
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a hazard alert to remind employees of key parts of the HIIPP; and
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warning signs at indoor work areas with ambient temperatures that regularly exceed 120°F.
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4. Develop and Implement a heat emergency response plan
Develop and implement a heat emergency response plan for employees experiencing signs and symptoms of heat-related illness.
5. Create a training program
Develop and implement a heat emergency response plan for employees experiencing signs and symptoms of heat-related illness.
6. Maintain records of indoor heat-monitoring data
7. Provide all of the above at no-cost to employees
OSHA has published a Fact Sheet of the proposed standard: Proposed Rule: Heat Injury Prevention in Outdoor and Indoor Work Settings (osha.gov)
Employer Requirements
The best thing for employers to do at this point is to wait and see what challenges to the rule come up.
At this time, the rule hasn’t yet been officially published, but when it is, there will be a 120-day comment period for the general public to submit written comments to OSHA. It is anticipated that the rule will be published on the Federal Register in August 2024.
Employers should submit their written comments at that time to voice any concerns they may have regarding the proposed rule.
In light of the recent U.S. Supreme Court ruling in Loper Bright Enterprises v. Raimondo which overturned the Chevron deference, it is likely this rule will be challenged. OSHA provides rationale for its authorization to propose such a standard by referring to the Occupational Safety and Health Act of 1970, 29 USC 651 et seq. (OSH Act or Act) stating the Act “authorizes the agency to issue safety or health standards that are ‘reasonably necessary or appropriate’ to provide safe or healthful employment and places of employment (29 USC 652(8)).”
If challenged, it will be up to the courts to decide whether OSHA’s proposed rule fits the definition of “reasonably necessary or appropriate.”
The best thing for employers to do at this point is to wait and see what challenges to the rule come up.
Additional resources:
1. Biden-Harris administration announces proposed rule to protect indoor, outdoor workers from extreme heat | Occupational Safety and Health Administration (osha.gov)
2. Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Rulemaking | Occupational Safety and Health Administration (osha.gov)
QUESTION:
I have an employee who used up all their PTO recently for a big vacation. Now they are asking for more time off, but since they don’t have PTO, they are asking me for unpaid time off.
Are employers required to give unpaid time off?
Short Answer:
Say it with me: it depends! The answer really boils down to why the employee is asking for unpaid time off.
Detailed Answer:
Federal and state laws have implemented many protected leaves of absence, and it’s possible the employee could qualify for one of those. In some cases, like many states’ sick leave laws, it may even be a legally required paid leave of absence. Generally, if the employee is requesting time off due to sickness, family care, or any sort of legally mandated service, they may qualify for a state or even a federal protected leave of absence.
Outside of legally mandated leaves of absence, there are other, ‘best practice’, factors to consider. Does your company’s handbook allow for unpaid time off? Have you historically granted unpaid time off to other employees? If the answer to one of those questions is ‘yes’, then you may want to consider granting the employee unpaid time off. In either case, denying the employee’s request could be viewed as discrimination, and lead to a claim. You could make a written policy change; however it would be best to disclose that to all employees and give them advance notice before the policy goes into effect.
You may also want to consider allowing unpaid time off to boost employee retention. Flexibility is increasingly valued in an employer, and allowing an unpaid time off policy can help employees take time they might need beyond the PTO you provide. Should you have a policy like that, you would be able to limit its usage to be approved on a case-by-case basis, as well as requiring PTO to be used up before taking unpaid time off, as long as they are not taking a protected leave of absence.
Offboarding
Say Hello to Better Goodbyes
Navigating the departure of an employee can be as crucial as their onboarding. In the lifecycle of employment, offboarding is a critical phase that often doesn't receive the attention it deserves. With isolved Offboarding, HR teams can transform this overlooked process into a structured, positive, and compliant transition. This feature enhances your organization's approach to managing employee exits, ensuring that every departure reinforces your company's reputation and operational integrity.
Explore with Our Video Overview
Discover the full capabilities and ease of use of isolved Offboarding by watching this 2-1/2-minute video. This overview will guide you through the key features and benefits, showing you how to leverage this tool to enhance your offboarding process. https://bcove.video/3Kmewjg
Streamlined Offboarding Process
Visualize Workflows
Track every step of the offboarding process with visual workflows that ensure no detail is missed. This feature helps HR teams monitor tasks from beginning to end, ensuring a thorough and accountable exit process.
Automate Administrative Tasks
Automate critical but time-consuming tasks such as asset collection, benefit termination, and final paycheck disbursements. This automation not only saves time but also reduces the potential for errors during the transition.
Empower Employees with Self-Service
Enable Self-Service
Optionally, empower departing employees by allowing them to take charge of their offboarding tasks. This not only enhances their exit experience, making it more positive, but also streamlines the entire process.
Legal and Compliance Assurance
Compliance with State Laws
isolved Offboarding helps ensure that all legal obligations are met, including the timely payment of final wages and continuation of benefits, as dictated by state laws.
Insightful Exit Management
Glean Valuable Insights
Use the offboarding process as a tool for organizational learning. Capturing and analyzing data throughout an employee's exit can provide valuable insights into improving retention strategies and the overall employee experience.
Smooth Transition of Responsibilities
Transferring Work Efficiently
Ensure that the departing employee's responsibilities are transferred smoothly to prevent any disruption in day-to-day operations. This systematic transfer helps maintain continuity and service delivery.
Ensure the Return of Company Property
Track Company Assets
Efficiently manage and retrieve all company property from departing employees, safeguarding organizational assets and ensuring everything is accounted for before the final day.
Maintain Positive Relationships
Stay on Good Terms
​A well-managed offboarding process helps maintain amicable relations with departing employees, which can lead to future rehires or positive company endorsements, often reflected in employee review sites and referrals.
Future-Proof Your Offboarding
Adaptable to Future Needs
With ongoing enhancements and updates, isolved Offboarding is designed to adapt to changing HR landscapes and evolving business needs, ensuring it remains an essential tool for modern HR teams.
EMPLOYEE HIGHLIGHT
EMPLOYEE HIGHLIGHT
EMPLOYEE HIGHLIGHT
Hello, I'm Sarah!
I am an Onboarding Specialist at Vida HR! I grew up in Southern California, from LA to San Diego. Growing up in Southern California, I developed a love for the outdoors and an appreciation for diverse cultures. The energy of LA and the laid-back vibe of San Diego taught me to balance ambition with a relaxed approach to life. Moving to Colorado was a significant leap of faith, but it has been incredibly rewarding.
My career began in Day Programs for adults with developmental disabilities, where I discovered my passion for working with people. I eventually became a Day Program Administrator and realized I enjoyed the HR aspects of my job. After moving to Colorado, I transitioned into Long Term Senior Care, overseeing eight sister facilities to ensure compliance with state and federal regulations. I'm proud to say that during my ten years there, none of my facilities received any compliance tags, and I was twice recognized by the Colorado Health Care Association for my work.
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As an Onboarding Specialist, I’m motivated by the opportunity to make a tangible impact on individuals and communities at Vida. I’m passionate about creating environments where people feel valued and can achieve their potential. Seeing positive changes and growth in employees and organizations drives me to continually improve and innovate in my field.
My Predictive Index Profile is “Altruist”, which means I have a lot of enduring qualities, such as being highly proactive and always ready to take initiative. I am very people-oriented, often putting others' needs first and excelling in collaborative environments. I thrive in/help contribute to a culture of teamwork/spreading the love and am known to be a transformative force within organizations.
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A little about me:
I absolutely love singing and dancing, and I often spend my weekends surrounded by friends and my chosen family. My dog, Peggy (pictured), is my constant companion, and we enjoy going on adventures together. I'm also a huge fan of any activity involving water, whether it's swimming, kayaking, or just relaxing by the beach. I also enjoy cooking and experimenting with new recipes, often gathering loved ones for delicious meals and good conversation.
