During one of the coldest winters in decades, employers should be mindful of the potential health and safety hazards cold weather can create. Cold weather can also result in Occupational Safety and Health Administration (OSHA) liabilities. Unlike its Campaign to Prevent Heat Illness in Outdoor Workers, OSHA has not announced a program to prevent cold-related illness. However, employers should anticipate that OSHA will apply the same scrutiny to both hazards.

Consequently, proactive employers should consider developing cold illness programs that include a job hazard analysis and personal protective equipment (PPE) assessments for cold weather. They should also ensure that employees are provided appropriate personal protective equipment and are trained to identify the signs and symptoms of cold illness. Even employers that are not subject to OSHA’s general industry or construction standards should consider taking such precautions.

OSHA Liability

Federal OSHA does not have a standard related to the hazard of exposure to cold. However, exposure to cold can temporarily diminish an employee’s mental capacity and physical coordination, and excessive cold can cause employees to lose focus or muscle control. As a result, they may injure themselves or co-workers or suffer circulatory complications that could result in frostbite and respiratory illness from inhalation of frigid air. This is a particularly acute problem for employees who operate mechanized equipment or work around hazardous machinery. Thus, exposure to cold carries unique hazards and liability issues.

Worker’s Compensation

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