Keeping Our Mail Carriers Cool: OSHRC Decisions and Heat Hazards

Introduction

Today we’ll be focusing on the Occupational Safety and Health Review Commission’s (OSHRC) recent decisions regarding excessive heat hazards and the United States Postal Service (USPS). We’ll discuss how the OSHRC vacated four of five citations issued by OSHA to USPS due to a lack of feasible prevention measures, while in the fifth case, they determined that a USPS station in Des Moines, Iowa failed to provide adequate heat safety training. We’ll also touch on the importance of providing comprehensive heat illness prevention plans and training programs for employees to mitigate risks and maintain compliance with OSHA regulations.

In addition to these recent developments, we’ll explore the crucial role that air conditioning in the upcoming fleet of next generation delivery vehicles (NGDV) plays in mitigating the risk of heat stress for USPS delivery personnel. This new fleet promises modern safety features, better navigability, and most importantly, climate control to protect postal workers from heat-related illnesses. So let’s dive in and see what we can learn about keeping our hardworking mail carriers safe and cool.

Before we begin this article, I’d like to convey how personal this issue is to me. Growing up in the scorching heat of Las Vegas, Nevada, I have experienced firsthand the dangers of heat-related illnesses. As a youth, I suffered from heat exhaustion and learned about how dangerous heat stress, heat exhaustion, and heat stroke can be. This issue is particularly relevant in the hotter regions of the United States, where high temperatures and prolonged sun exposure can have detrimental effects on outdoor workers.

Having faced the perils of extreme heat myself, I fully understand the importance of taking preventive measures to safeguard employees from the hazards of heat exposure. For organizations like the United States Postal Service, where workers are required to spend hours outdoors and inside sweltering vehicles, the need for comprehensive heat illness prevention plans and training programs becomes even more critical. By adapting workplace safety measures to the specific needs of various industries, employers can make a significant impact on creating a safer and healthier work environment for everyone.

About the Commission’s Decisions

In a recent series of decisions, the Occupational Safety and Health Review Commission (OSHRC) weighed in on the ongoing debate regarding excessive heat hazards and the United States Postal Service (USPS). The OSHRC vacated four of five citations issued by the Occupational Safety and Health Administration (OSHA) to USPS for excessive heat exposure to letter carriers in Benton, Arkansas; Houston and San Antonio, Texas; and Martinsburg, West Virginia. The commission concluded that OSHA failed to identify economically and technically feasible prevention measures USPS could have implemented.

However, in the fifth case, the panel determined that a Des Moines, Iowa, USPS station failed to provide heat safety training for City Carrier Assistants (CCAs) and remanded the case to a review commission administrative law judge (ALJ).

Between September 2016 and January 2017, OSHA issued these citations, alleging repeat violations of the Occupational Safety and Health Act’s General Duty Clause. Each citation involved a letter carrier who fell ill while delivering mail and required medical treatment. USPS contested the citations, leading to five separate hearings and an additional national hearing to evaluate common evidence.

To establish a General Duty Clause violation, the Labor Department must demonstrate the following:

A hazardous condition or activity exists in the workplace.
The employer or its industry recognizes the hazard.
The hazard is likely to cause death or serious physical harm.
A feasible and effective means exists to eliminate or materially reduce the hazard.

In the Benton, Houston, Martinsburg, and San Antonio cases, the OSHRC agreed that heat hazards existed but challenged OSHA’s recommendations for feasible and effective abatement measures. OSHA argued that USPS should have established a comprehensive heat stress prevention program, including acclimatization, an adequate emergency response program, work/rest cycles, analyzing existing data on employees’ heat-related illnesses, employee monitoring, training, and reducing outdoor exposure times.

During the proceedings, the Labor Department acknowledged the costs of time-based interventions but maintained that they would not threaten USPS’s economic viability, as it is a quasi-governmental agency that Congress would protect. However, the OSHRC relied on statements from USPS officials, government task forces, and a Government Accountability Office report, which indicated that USPS is at high risk and financially unsustainable. Consequently, the OSHRC vacated the citations, as OSHA failed to identify feasible measures USPS could have taken.

The issue of establishing excessive heat hazards has been open since OSHRC’s 2019 decision in A.H. Sturgill Roofing Co. v. Secretary of Labor. In this case, OSHA relied on a National Weather Service heat index chart, but the record did not establish definitions for “prolonged exposure” or “strenuous activity.” The OSHRC found that OSHA had not established a heat hazard in this case.

In the USPS cases, OSHA argued that a comprehensive program was needed, including work/rest cycles, emergency response plans, employee monitoring, data analysis, reducing outdoor time, air-conditioned vehicles, and training on heat-related illnesses. The OSHRC found that OSHA failed to show that the training was inadequate in all locations except Des Moines, and it vacated four of the five citations due to lack of feasible and effective abatement methods.

Despite agreeing with OSHA on the existence of a hazard, the OSHRC ruled that the agency failed to establish a feasible and effective means of abatement. In the fifth case, the OSHRC found that USPS failed to provide effective training to supervisors on heat-related illnesses.

These cases also underscore the ongoing debate surrounding heat hazards and the role of the General Duty Clause in addressing them. As OSHA continues its efforts to establish formal standards for indoor and outdoor heat hazards and workplace violence, employers should stay abreast of any changes in regulation and be prepared to adapt their practices accordingly. Ultimately, the goal is to create a safer work environment for all employees, regardless of industry or location.

The takeaway from these cases is that employers can defend against general duty clause citations by providing sufficient training and implementing a written Heat Illness Prevention Plan. OSHA’s guidance suggests training supervisors to identify and control heat hazards, recognize early symptoms of heat stress, administer first aid for heat-related illnesses, and activate emergency medical services when needed. Additionally, a Heat Illness Prevention Plan should include measures such as acclimatization, monitoring temperature and exertion levels, providing hydration, allowing for rest breaks, providing access to shade or air conditioning, using a buddy system, and training workers to identify and report heat illness symptoms.

Heat Stress Prevention and Safety

As we navigate the complexities of the ongoing debate and anticipate potential regulatory changes, it is crucial for employers to proactively protect their workers from heat hazards in the meantime. To do this, they can turn to the following list of tips, which offers practical guidance on reducing the risks associated with heat illness. By implementing these recommended measures, employers can not only demonstrate their commitment to worker safety but also be better prepared to adapt to any future changes in regulation.

A few tips on protecting workers from heat illness recommends the following measures:

Train workers and supervisors on heat illness hazards, prevention, and symptom recognition.
Provide plenty of cool water in convenient locations.
Encourage frequent water consumption and regular meals/snacks.
Set up a buddy system or check on workers routinely.
Gradually increase workload for new or returning workers.
Reduce physical demands and increase rest time.
Schedule rest periods in shaded or air-conditioned areas.

For outdoor work environments:

Monitor weather and reschedule high heat exposure tasks to cooler times.
Schedule maintenance and repair projects for cooler seasons.

For indoor work environments:

Cool workplaces with air conditioning or increased ventilation.
Use reflective shields, insulation, and decrease water vapor pressure.
Utilize fans, reflective clothing, water-dampened suits, or cooling vests.
Seek professional consultation for high ambient temperature worksites.

Employers must provide a workplace free from recognized hazards likely to cause death or serious physical harm. For more information, employers can refer to the OSHA and NIOSH websites.

The Next Generation Delivery Vehicles for the USPS

In the midst of a changing climate and increasing heat hazards, providing a safe work environment is more important than ever. While OSHA and NIOSH offer general guidelines for employers to follow, certain industries face unique challenges that demand tailored solutions. One such industry is the United States Postal Service (USPS), where mail carriers spend long hours outdoors and inside vehicles that lack proper climate control measures.

A straightforward and effective solution to this issue is the installation of air conditioning systems in the delivery vehicles. By equipping USPS trucks with air conditioning, mail carriers would have a cooler and more comfortable environment to retreat to during their routes, thus significantly reducing the risk of heat-related illnesses. Implementing this simple yet vital upgrade in USPS vehicles is an essential step towards ensuring the safety and well-being of the hardworking mail carriers who face the relentless heat in their daily routines.

The integration of air conditioning in the upcoming fleet of next generation delivery vehicles (NGDV) is a crucial step towards mitigating the risk of heat stress for USPS delivery personnel. By providing a cooler and more comfortable environment inside the vehicles, USPS can help prevent heat-related illnesses and ensure the safety and well-being of its employees. This move also highlights the importance of adapting workplace safety measures to the specific needs of various industries and job roles, as addressing unique challenges can significantly contribute to a safer and healthier work environment for all.

So, after over 30 years of service, the United States Postal Service (USPS) is finally replacing its aging mail trucks, known as Grumman Long Life Vehicles (LLV), with the next generation delivery vehicle (NGDV) from Oshkosh Defense. The current LLVs, designed in 1987, lack many creature comforts, including air conditioning and airbags, and have an unreliable heating system. As a result, mail carriers often drive with their doors open during hot months to find relief from the heat. These vehicles were revolutionary in their time, transforming the Postal Service, boosting its reliability and marketability, and helping usher in one of the agency’s greatest periods of expansion. However, they have far exceeded their projected 24-year lifespan, catching fire after hundreds of thousands of miles of overuse, making the fleet replacement long overdue.

The new Oshkosh NGDV promises modern safety features, better navigability on dense streets, and other amenities. The NGDV is designed to accommodate more packages, with a backup camera, more ergonomic designs, and, much to the relief of mail carriers, air conditioning. The trucks are designed to run on either an internal combustion engine or a battery-electric drivetrain, which would save the Postal Service money over time in fuel and maintenance. The USPS aims to make 10% of the new fleet electric, with a House bill including $8 billion of public funding to purchase electric or zero-emission vehicles and electric charging infrastructure under the NGDV procurement.

As the new vehicles hit the roads starting in 2023, they will provide significant and desperately needed upgrades for postal workers. The inclusion of 360-degree cameras and front- and rear-collision avoidance will ensure safety, but the addition of climate control is a long-awaited feature. Over 900 postal workers suffered from heat hazards between 2012 and 2018, with more than 100 mail couriers hospitalized for heat-related illnesses since 2015. Although the Postal Service has added 63,000 vehicles with air conditioning to its fleet since 2000, the majority of its more than 230,000 vehicles still lack climate control.

These new vehicles’ introduction is not only essential for the well-being of postal workers but also for the USPS’s ongoing financial and service crises. It is an investment in the Postal Service’s future, allowing it to adapt to the ever-growing demand for package deliveries while navigating the decline in traditional mail volume. With President Biden expressing interest in converting the entire government fleet to electric, it seems the NGDV will play a significant role in a fossil fuel-free future for the USPS.

Conclusion

In conclusion, the recent OSHRC decisions regarding heat hazards and USPS shed light on the complexities and ongoing debates surrounding workplace safety. While the commission’s rulings emphasize the importance of feasible and effective abatement methods, employers must remain proactive in implementing comprehensive heat illness prevention plans and tailoring solutions to industry-specific challenges. The introduction of the next generation delivery vehicles (NGDV) by USPS, complete with air conditioning and other modern safety features, serves as an example of how adapting workplace safety measures to industry needs can greatly impact employee well-being. As OSHA continues to develop formal standards for indoor and outdoor heat hazards, it is crucial for employers to stay informed, adapt their practices, and prioritize the safety and health of their workforce.

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