“At the time of the incident procedures were in place to deal with job site conditions, but it was only 82 degrees — conditions far from those typically causing heat stress,” Sturgill said.
The company’s attorney, Bob Dunlevey, said that “OSHA is currently attempting to emphasize issues related to employee heat stress and to set precedent upon which OSHA can cite other employers in the future under its General Duty Clause — no specific OSHA standard exists as to heat stress issues, but Sturgill was still cited.”
The 60-year-old temporary worker sustained heat stroke while working in direct sunlight on a commercial flat roof, throwing rubber roofing material into a dump truck on the ground. The worker was hospitalized due to work-related heat exposure on Aug. 1, the agency said.
The Montgomery County Coroner’s Office confirmed a 60-year-old Dayton man died Aug. 22 from the effects of hyperthermia, or elevated body temperature. Family members of the man confirmed he worked for a construction company, but could not name which one.
OSHA has issued citations in connection with five workplace fatalities in the Dayton area since Oct. 1, 2011, said Rhonda Burke, OSHA spokeswoman. Victims’ names are not released by OSHA.
The OSHA violations involve failing to provide a program addressing heat-related hazards in the workplace and to train workers on recognizing the signs and symptoms of heat-related illnesses, including taking preventive measures, such as consuming adequate amounts of water, according to OSHA.
A serious violation occurs when there is substantial probability that death or serious physical harm could result from a hazard about which the employer knew or should have known.