Page 35 - On The Move - 19.4

On April 12, 2022, VP Kamala Harris and the US DOL OSHA Secretary
Marty Walsh announced a new National Emphasis Program (NEP) to
protect workers from indoor and outdoor heat illness and injuries. The NEP
is a mechanism for OSHA to proactively inspect high-risk workplaces for
heat-related hazards before anyone suffers from a preventable heat-related
illness, injury or fatality. In plain terms, an NEP can be OSHA’s “ticket” to
visit your facility.

There are only three reasons for OSHA to visit your place of business:
Complaint, Reported Injury or Fatality and a National Emphasis Program.

The NEP will remain in place for three years unless OSHA cancels it or
extends it. So, even if Fall IS here to stay, so is the NEP for next Summer.

What exactly IS an NEP? Directly from OSHA’s website: “National Emphasis
Programs (NEPs) are temporary programs that focus OSHA's resources
on particular hazards and high-hazard industries. Existing and potential
new emphasis programs are evaluated using inspection data, injury and
illness data, National Institute for Occupational Safety and Health (NIOSH)
reports, peer-reviewed literature, analysis of inspection findings, and other
available information sources.” Basically, a National Emphasis Program is
a temporary program to help OSHA focus its time and resources but isn’t
a federal requirement or standard. If you are cited, it would be under the
General Duty Clause.

Lori Matthews
KPA We KNOW that OSHA has been working towards a heat related federal
standard when it published an Advance Notice of Proposed Rulemaking for
Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in
Lori Matthews is an East District Team the Federal Register on October 27, 2021. When this happens, it means that
know Atlanta is starting to enter Supervisor & EHS Risk Management OSHA will soon set a federal standard for employers.
Consultant at KPA, which provides
w
I hat is affectionately known as Environment, Health & Safety
(EHS), and Workforce Compliance
“False Fall” as the temperatures software and services for a wide So how does this affect the automotive industry?
range of businesses. With over
The NEP targets 70 different high-risk industries,
are cooling a little. However, being 20 years experience in EHS, like general industry, manufacturing, and construction.
her background is the wheels
a Southern girl, I am not fooled market (dealerships, collision OSHA bases this on the following:
centers, etc.), distribution
and realize Summer probably has and manufacturing. • The incidence rate of heat-related illnesses and the rate of days

one more play to make before • away from work
The number of fatalities or hospitalizations reported to OSHA
it truly turns to Fall. It is still not • The number of heat-related general duty clause violations and
too late to talk about protecting Hazard Alert letters since 2017.

employees from heat illnesses The automotive industry was named in the NEP under the secondary list of

and protecting businesses from industries. The secondary list is usually targeted based on whistleblowers
and employee complaints. This means, if an employee makes a formal
OSHA fines in relation to the heat. complaint to OSHA about the heat, an inspector will probably be visiting
you shortly.

On The Move 2022 33
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