{"id":6864,"date":"2014-02-01T00:00:00","date_gmt":"2014-02-01T00:00:00","guid":{"rendered":"https:\/\/insulation.org\/io\/articles\/cold-weather-injuries-osha-notes-cold-weather-injury-prevention-requirements-and-contractor-subcontractor-liability\/"},"modified":"2014-02-01T00:00:00","modified_gmt":"2014-02-01T00:00:00","slug":"cold-weather-injuries-osha-notes-cold-weather-injury-prevention-requirements-and-contractor-subcontractor-liability","status":"publish","type":"articles","link":"https:\/\/insulation.org\/io\/articles\/cold-weather-injuries-osha-notes-cold-weather-injury-prevention-requirements-and-contractor-subcontractor-liability\/","title":{"rendered":"Cold-Weather Injuries: OSHA Notes: Cold-Weather Injury Prevention Requirements and Contractor-Subcontractor Liability"},"content":{"rendered":"

The July issue of Insulation
\nOutlook<\/i> featured an article about heat stress due to the serious nature of
\nthis concern and the correspondingly strict stance the Occupational Safety and
\nHealth Administration (OSHA) has taken on heat stress prevention. OSHA had
\ninformed construction industry employers that if they did not have a heat
\nstress program in place, they would be cited for violations of the General Duty
\nClause. Although a similar memorandum has not been issued regarding
\ncold-weather injuries, the same enforcement action is available to OSHA. <\/span><\/p>\n

There
\nare several types of cold-weather injuries: chilblains, frost nip, trench foot,
\nfrostbite, and hypothermia. Symptoms of chilblains manifest themselves after
\nyou have left a cold environment and rewarmed yourself. They are itchy,
\npainful, reddish or purplish areas of swelling on fingers, toes, ears, or nose.
\nThese symptoms may last for several days, but they usually leave no permanent
\ndamage. The same is true of frost nip, which is characterized by burning,
\nitching, or pain, but is even less likely than chilblains to result in any
\npermanent damage. <\/span><\/p>\n

A
\nmore serious cold-weather condition is trench foot, which results from having
\nthe feet exposed to cold, wet conditions for an extended period of time.
\nEmployees whose feet get wet do not have to be exposed to very cold
\ntemperatures to develop trench foot; symptoms have been found in people working
\nin temperatures up to 60\u00b0F. Without proper first aid, trench foot can lead to
\nthe development of gangrene and possibly the amputation of the affected extremity.
\n<\/span><\/p>\n

Frostbite is the most serious cold-weather injury, and
\ncan cause body tissue to actually freeze. This condition develops primarily
\nbecause of decreased blood flow and heat delivery to the extremities. When the
\naffected tissue is rewarmed, death of the tissue frequently occurs. The parts
\nof the body most commonly affected are the feet, hands, nose, ears, and cheeks.
\nIn severe cases, frostbite can lead to amputation of the affected extremity.
\nWhile this article is not intended to address first aid for these conditions,
\nit is important to be aware that if frostbite occurs, the affected extremity
\nshould not be rapidly thawed if there is any chance that it will be refrozen.<\/span><\/p>\n

While
\nit is not a bodily injury, hypothermia is the most serious cold-weather condition.
\nHypothermia occurs when the core body temperature drops below 95\u00b0F. One of the
\ndifficulties of hypothermia is that it can be difficult to diagnose, as it can
\noccur with none of the symptoms of the other cold-weather conditions. When core
\nbody temperature drops, the heart, nervous system, and other organs cannot work
\nproperly. If this occurs, there can be complete failure of the heart and
\nrespiratory system, which may lead to death. Hypothermia usually results from
\nexposure to cold weather or immersion in cold water.<\/span><\/p>\n

Employers
\nshould develop a program to address the potential for cold-weather injuries in
\ntheir workforce. This program should include steps for the prevention of
\ncold-weather injuries, the identification of symptoms and first aid, and any other
\nsteps required by OSHA or other federal or state regulations. Prevention steps
\ninclude encouraging employees to drink plenty of water and to avoid alcohol,
\ncaffeinated drinks, and smoking. It is also advisable to suggest that your
\nemployees eat high-calorie snacks, and have a dry change of clothing available
\non the job site. Finally, all supervisors should be trained in the recognition
\nof the symptoms of cold-weather injuries.<\/span><\/p>\n

Contractor Liability to
\nOSHA for Subcontractors<\/font><\/b><\/p>\n

Certain contractors may
\nattempt to escape responsibility for safety compliance by using subcontractors
\ninstead of employees. Many administrative agencies, including OSHA, are aware
\nof this practice and are taking enforcement steps to address the subcontractor
\nissue. The most recent OSHA case on this topic is Absolute Roofing &
\nConstruction, Inc. v. OSHRC, Sixth Circuit, No. 13-4364 (docketed 11\/20\/13). In
\nAbsolute Roofing, a roofing contractor was cited for serious and repeat
\ncitations for fall protection violations allegedly committed by a
\n“subcontractor,” Koran Construction, Inc. Absolute Roofing argued that any
\ncitations should have been issued against Koran Construction, Inc. Testimony at
\nthe Review Commission hearing by the Compliance Officers who performed the
\njobsite inspection explained that the representative for Koran Construction,
\nInc. claimed that he did not have his own business, even though he carried
\nliability and workers’ compensation insurance. He also told them that most of
\nthe tools he used belonged to Absolute Roofing. He reversed this testimony at
\nthe hearing, but the Judge concluded that his “substantial and ongoing work
\nrelationship” with Absolute Roofing may have influenced his testimony.<\/span><\/p>\n

The
\nJudge also noted that the 2 businesses had the same business address, shared an
\noffice, had the same Owners and Managers, did the same work, and occasionally
\nshared the same employees. While there is nothing wrong with using
\nsubcontractors, businesses that do so must be careful to maintain a true arms-length
\nbusiness relationship with the subcontractor. Absolute Roofing’s appeal of the
\nReview Commission decision affirming the citations will be briefed and argued
\nto the Sixth Circuit Court of Appeals. Look for an update on this case and a
\nfurther discussion of appropriate contractor-subcontractor relationships in
\nupcoming issues of Insulation Outlook.<\/i> <\/span><\/p>\n

Conclusions<\/font><\/b><\/p>\n

What businesses should
\ntake away from this article is that they do have a responsibility to maintain
\nthe safety of any workers that are directly connected to their business that
\ncan be legally defined as under their employ. With this winter bringing record
\nlow temperatures around the United States, it is crucial that employers provide
\nfor the safety of their employees and ensure that they are trained in all
\nnecessary cold-injury prevention and recognition techniques. Employers should
\nalso consult their health and safety experts and legal team to ensure they are compliant
\nwith all federal and <\/a>state regulations.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

The July issue of Insulation Outlook featured an article about heat stress due to the serious nature of this concern and the correspondingly strict stance the Occupational Safety and Health Administration (OSHA) has taken on heat stress prevention. OSHA had informed construction industry employers that if they did not have a heat stress program in<\/p>\n","protected":false},"author":[44],"featured_media":0,"template":"","categories":[294,289,32],"class_list":["post-6864","articles","type-articles","status-publish","hentry","category-training","category-personnel-protection","category-health-and-safety","author-gary-auman"],"acf":[],"yoast_head":"\nCold-Weather Injuries: OSHA Notes: Cold-Weather Injury Prevention Requirements and Contractor-Subcontractor Liability - Insulation Outlook Magazine<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/insulation.org\/io\/articles\/cold-weather-injuries-osha-notes-cold-weather-injury-prevention-requirements-and-contractor-subcontractor-liability\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Cold-Weather Injuries: OSHA Notes: Cold-Weather Injury Prevention Requirements and Contractor-Subcontractor Liability\" \/>\n<meta property=\"og:description\" content=\"The July issue of Insulation Outlook featured an article about heat stress due to the serious nature of this concern and the correspondingly strict stance the Occupational Safety and Health Administration (OSHA) has taken on heat stress prevention. 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