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OSHA cites FL contractor for heat-related death of 26-yo worker

As the summer rolls around again, employers should stand to be prepared to protect their employees from heat to avoid tragedies.

Several workers on the top of a housing construction with sunshine and heat lighting up the scene.

McNeill Labor Management, a farm labor contractor based in Belle Glade, Florida is being cited by the Occupational Safety and Health Administration (OSHA), a division of the US Department of Labor. OSHA contends that a 26-year-old worker from Mexico, here on the federal H-2A program for temporary or seasonal nonimmigrant workers, died after he suffered fatal heat-related injuries after working in an open field when the heat index reached almost 100 degrees. 

OSHA investigates death 

OSHA believes that the contractor could have prevented the young man’s death. It was his first day on the job, and there were no plans to help workers acclimate to the working conditions. The company had no safety rules to prevent workers from being exposed to high heat while working in direct sunlight.

OSHA cited the employer for that serious violation and also allege that the employer did not report the worker’s hospitalization and death, which is required by law. McNeill faces over $27,000 in penalties, but the company is contesting the findings with the review commission. 

From 2011 to 2021, the Bureau of Labor Statistics lists 436 deaths in the workplace caused by exposure to heat on the job. While that’s only about 40 per year, it’s way to many. Some experts believe that the number is underestimated. The US government is aware of the problems caused by working outdoors. The National Integrated Heat Health Information System is hosting its third annual national meeting this month, bringing together government resources and officials, private and public partners, and community leaders to discuss heat and health.

In March, the Phoenix City Council unanimously passed a “landmark rule,” an ordinance that required employers, such as city contractors and subcontractors, airport workers, and construction workers,  to provide access to rest, shade, water, and air conditioning. In addition, employers are required to provide training on recognizing the signs of heat stress. 

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If you have outdoor employees, make sure they are safe in the hot weather. Resources are available at Heat.gov.

Dawn Brotherton is a Sr. Staff Writer at The American Genius with an MFA in Creative Writing from the University of Central Oklahoma. She is an experienced business writer with over 10 years of experience in SEO and content creation. Since 2017, she has earned $60K+ in grant writing for a local community center, which assists disadvantaged adults in the area.

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