RECORD ID D96-09-014
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STANDARD NUMBER
INFORMATION DATE 9/23/96
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ABSTRACT DOE has not issued implementation criteria for compliance with the Heat Stress TLV which is mandated under DOE Orders 440.1 and 5480.4. Any contractor whose heat stress program is less stringent than the TLV should have thorough documentation of its program and data to demonstrate its efficacy.
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INTERPRETATION
This interpretation responds to a DOE contractor who asked how
DOE enforces compliance with the ACGIH TLV for heat stress. DOE
does not have implementation guidance for compliance with the
heat stress TLV, which is mandated by DOE Orders 440.1 and 5480.4.
This complex TLV sets forth several criteria which are believed
to protect most workers from adverse health affects related to
heat exposure. These criteria include work-rest regimens, a deep
body temperature limit, water and salt supplementation, and acclimatization
and fitness. The TLV notes that there are many variables to consider,
but that the limitations set forth are designed to protect nearly
all workers. A contractor=s
program may have a combination of workplace environment, acclimatized
workers, and work practices that provide a safe workplace with
less protective numerical values than those established in the
heat stress TLV.
If a contractor deviates from the heat stress TLV criteria, the
contractor should have 1) documentation that describes its heat
stress program and requirements and 2) employee training that
emphasizes heat stress prevention and recognition and 3) data
demonstrating the efficacy of the program in preventing heat-related
adverse health effects. If a heat stress program is less protective
than the TLV, i.e., it allows more work or higher deep body temperatures,
than the burden of proof is on the contractor to demonstrate that
its work force is not adversely affected. In the absence of any
heat related incidents, a DOE auditor is unlikely to cite a contractor
with a comprehensive heat stress program that differs from the
heat stress TLV. Conversely, heat stress incidents, whether recorded
on the employer=s log
of occupational injuries/illness or identified through interviews,
would tend to be viewed as a failure of the contractor=s
program to comply with the heat stress TLV. Enforcement guidance
is available in the OSHA Technical Manual, issued as OSHA Instruction
CPL 22.20B, February 5, 1990, Section II: Chapter 4.
This interpretation shall not be extended to other physical or
chemical hazards in the workplace. A contractor shall not use
this interpretation as a license to significantly relax the heat
stress TLV standard or to discriminate against workers who cannot
perform under a contractor=s
less stringent heat stress program.
This interpretation provides the DOE contractor a limited degree
of latitude to develop and implement protective heat stress programs
that protect its workers from adverse effects without strictly
confining that program to the exact numerical limits recommended
by the ACGIH. These programs should be periodically reviewed
by both the professional industrial hygienist and the occupational
physician.