Text For Citation: 01 Item/Group: 001 Hazard:

OSH ACT of 1970 Section (5)(a)(1): The employer did not furnish employment and a place of employment which were free from recognized hazards that were causing or likely to cause death or serious physical harm to employees, in that employees were not protected from the hazard of high heat while performing job duties. On or about August 28, 2024, at the jobsite, 12096 Flatlands Avenue, Brooklyn, NY 11239: Employees were exposed to the hazard of high heat while performing their job duties, such as, but not limited to building footing forms in preparation for a concrete pour. The employees work shift was 10.5 hours daily, from 7:00am to 5:30pm, with a 15-minute break at or around 10:00am and a 30- minute lunch break at noon. The National Weather Service issued a Heat Advisory starting at 11:00 A.M. Tuesday, August 27 to 8:00 P.M. Wednesday, August 28, 2024, stating heat indices were expected to reach the low 100s. At 1:51 PM, on August 28, 2024, the relative humidity was 50%, the Wet-bulb Globe Temperature (WBGT) was 86.6 degrees F, and the heat index was 94.6 degrees F. Employees were exposed to aggravating factors including an estimated moderate workload level. Such exposures were likely to lead to the development of serious heat-related illnesses such as, but not limited to, heat cramps, heat stress, heat exhaustion, and heat stroke. An employee working at the site experienced a fatal heat illness. A second employee experienced fatigue and headache, symptoms of heat-related illness. ABATEMENT CERTIFICATION AND/OR DOCUMENTATION IS REQUIRED PURSUANT TO 29 CFR 1903.19 FOR THIS VIOLATION.