Region 2 News Release: 13-1771-NEW (osha 13-088)
Aug. 26, 2013
Contact: Leni Fortson Joanna Hawkins
Phone: 215-861-5102 215-861-5101
Email: uddyback-fortson.lenore@dol.gov hawkins.joanna@dol.gov

US Labor Department reaches settlement with Waste Management of New
Jersey Inc. following June 2012 heat fatality

MARLTON, N.J. – The U.S. Department of Labor's Occupational Safety and Health Administration reached a settlement agreement with Waste Management of New Jersey Inc. to abate violations involving excessive heat hazards that resulted in the death of a temporary worker in June 2012.

The settlement resolves litigation that began after OSHA's June investigation led to a citation for one serious violation of the agency's general duty clause. A temporary worker of Waste Management, employed as a garbage collector, died while picking up trash on a collection route in Hopewell Borough.

The serious violation involved workers exposed to excessive heat conditions while performing outdoor trash collection and the lack of a work rule in the company's heat management program that addressed adequate fluid consumption. A serious violation occurs when there is a substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.

"We are encouraged that Waste Management has agreed to take the necessary steps to prevent further heat-related tragedies," said Paula Dixon-Roderick, director of OSHA's Marlton Area Office. "OSHA is committed to ensuring, that in the hot summer months, employers and outdoor workers understand that drinking plenty of water and taking frequent breaks in cool, shaded areas is incredibly important."

An employer's heat stress management program should include, but not be limited to, a work/rest regimen that includes a provision to allow workers to become acclimated to extreme heat conditions; schedule work during cooler periods of the day; provide cool water and encourage water consumption of five to seven ounces every 15 to 20 minutes, rather than relying on thirst; and establish a screening program to identify workers with health conditions aggravated by exposure to heat stress. Employers should also provide training for all workers, including temporary workers, contractors and part-time workers, regarding the symptoms of heat-induced illness and its prevention.

As part of the settlement agreement, Waste Management, which provides residential and commercial trash collection services nationwide, has also agreed to pay a $5,000 penalty.

Information about OSHA's campaign to prevent heat-related illnesses among outdoor workers can be viewed at http://www.osha.gov/heat. OSHA also has a free application for mobile devices that enables workers and supervisors to monitor the heat index at their work sites. It is available for download on Android-based platforms and the iPhone, at http://www.osha.gov/heatapp.

To ask questions, obtain compliance assistance, file a complaint or report workplace hospitalizations, fatalities or situations posing imminent danger to workers, the public should call OSHA's toll-free hotline at 800-321-OSHA (6742) or the agency's Marlton office at 856-596-5200.

Under the Occupational Safety and Health Act of 1970, employers are responsible for providing safe and healthful workplaces for their employees. OSHA's role is to ensure these conditions for America's working men and women by setting and enforcing standards, and providing training, education and assistance. For more information, visit http://www.osha.gov.

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U.S. Department of Labor news materials are accessible at http://www.dol.gov. The information above is available in large print, Braille, audio tape or disc from the COAST office upon request by calling 202-693-7828 or TTY 202-693-7755.