OSHA Blames Employer After Worker Dies on First Day of Work

The Occupational Safety and Health Administration (OSHA) has determined that a worker died of heatstroke on his first day at work because a farm labor contractor did not do enough to protect its workers from heat-related hazards.

In a press release, OSHA said a 26-year-old man arrived from Mexico to help plant sugar cane in South Florida for McNeill Labor Management Inc. of Belle Meade.

McNeill Labor hired the man under the federal H-2A program for temporary or seasonal nonimmigrant workers. That program permits qualified U.S. employers to bring foreign workers into the U.S. to fill agricultural jobs on a temporary basis.

OSHA: Worker died on first day

On his first day on the job, the worker sat on sugar cane stacks on a trailer and threw them to the ground for planting.

He was working in an open field where the heat index reached 97 degrees, OSHA said.

The man collapsed on the job after complaining of not feeling well. He also experienced symptoms that were consistent with heat-related illness, OSHA said.

The area where the man was working was isolated. It was 20 minutes from the closest road and 22 miles from the hospital to which he was taken. He later died of heatstroke.

OSHA conducted an investigation into the incident. At the completion of its investigation, it cited McNeill Labor for exposing its workers to high heat while working in direct sunlight.

It also said McNeill Labor broke the law by not reporting the worker’s hospitalization and death. OSHA says McNeill Labor should pay $27,655 in penalties.

The company is contesting OSHA’s findings against it.

Preventing heat-related ailments

OSHA has established a Heat Illness Prevention campaign that helps employers keep their employees free of heat-related ailments.

Its campaign outlines four main areas of responsibility for employers when it comes to keeping workers safe from excessive heat.

It starts with prevention, OSHA advises. Employers should plan ahead to protect their workers, understand heat hazards and know how to calculate heat stress.

OSHA identifies three key elements of prevention: water, rest and shade.

Workers who are working in the heat should drink eight ounces of cool water every 20 minutes, OSHA says. For jobs that last for more than two hours, it says, employers should provide workers with drinks that include electrolytes.

Employers should also require workers who are working in the heat to take breaks in cool areas, the agency advises.

Second, proper training for all workers is needed, OSHA says. Supervisors need to understand the risks of exposure and be aware of preventative actions.

Third, workers need to be trained on how to recognize symptoms and provide first aid when needed.

Recognizing the symptoms

Symptoms of heatstroke include all of the following:

• Slurred speech
• Confusion
• Unconsciousness
• Seizures
• Heavy sweating
• Hot, dry skin
• Very high body temperature
• Rapid heart rate.

If symptoms are present, steps should be taken to cool the worker down immediately. OSHA also recommends calling 911 if there is any doubt as to symptoms.

To cool workers, OSHA advises employers to do the following:

• Get the worker to a cooler area, such as where there is air conditioning or shade
• Use active cooling techniques, such as getting the worker into cold water or an ice bath
• Remove outer clothing layers
• Use cold towels on the worker’s head, neck, trunk, armpits and groin areas
• Use fans.

It’s important never to leave a worker with heat-related illness alone, OSHA adds.

Fourth, educate workers by sharing materials about the risks of heat exposure.

The agency has produced several documents on this subject including this pamphlet that explains how to prevent heat illness in the workplace.

New tools are now available

In late April, the Centers for Disease Control (CDC) partnered with the National Oceanic and Atmospheric Administration to launch a new initiative that is designed to protect Americans from heat exposure.

The agencies developed a HeatRisk Forecast Tool that provides a seven-day heat forecast nationwide.

Also, the CDC’s HeatRisk Dashboard integrates the forecast tool with other information, including local air quality.