Dear Ms. Fischer:
This letter is in response to your letter dated March 7, 2014,
to the Occupational Safety and Health Administration (OSHA). This
letter was forwarded to OSHA's Directorate of Enforcement Programs
(DEP) for response. You had two questions: one was related to the
hazards of employees working extended, late night shifts and the
other to light pollution hazards caused by industrial light
sources.
This letter constitutes OSHA's interpretation only of the
requirements discussed below and may not be applicable to any
question not delineated within your original correspondence. Your
paraphrased questions and our replies follow:
Background: Concerning the hazards of extended, late night shift
work, you described your concerns that "shiftwork that involves
circadian disruption is probably carcinogenic to humans." You also
stated that research has linked other serious diseases to late
night shift work, such as type 2 diabetes.
With regard to light pollution concerns, you stated that the use
of industrial and business lighting and streetlights during the
night causes harm to the general population and adds a glare to
nighttime drivers' eyes. You noted that many municipal streetlights
are now using high blue/bright white spectrum lights, and that
these lights are harmful to the environment and people's
health.
Question 1: Does OSHA train and regulate employers to provide
fair warning to their employees about the risks of shift work?
Response: With regard to employer training, OSHA does not train
employers on hazards related to late night and extended unusual
shifts. However, OSHA encourages employers to perform a hazard
analysis of its jobsite. It offers free consultations to assist
employers with conducting these analyses, and in developing and
implementing effective workplace safety and health management
systems that emphasize the prevention of worker injuries and
illnesses. OSHA's comprehensive consultation assistance includes a
hazard survey of the worksite and an appraisal of all aspects of
the employer's existing safety and health management system. More
information on jobsite hazard analysis can be found at: https://www.osha.gov/Publications/osha3071.html
In addition, OSHA acknowledges that in many industries,
including healthcare, manufacturing, construction, maritime, and
emergency response operations, potential hazards to employees arise
during night shifts. OSHA's guidance for employers and workers on
addressing hazards common in unusual or late night shifts can be
found at: www.osha.gov/OshDoc/data_Hurricane_Facts/faq_longhours.html
(OSHA's FAQs on Extended Unusual Work Shifts)
Additionally, please see the National Institute for Occupational
Safety and Health's publications and guidance on unusual and late
night shifts. This information can be found at:
http://www.cdc.gov/niosh/topics/workschedules/
With respect to regulations, there are no specific OSHA
regulations or standards addressing employers' efforts to raise
awareness on the risks of shift work. However, under the
Occupational Safety and Health Act's general duty clause, employers
have a legal duty to furnish to each of its employees employment
and a place of employment free from recognized hazards that are
causing or likely to cause death or serious physical harm to
employees. 29 U.S.C. §654(a)(1).
Question 2: Can OSHA train and regulate employers about the
basics of minimizing light pollution from the workplace, especially
with the use of blue-rich/bright white LEDs, light trespass,
skyglow, glare, etc?
Response: No. With respect to training, OSHA does not train
employers on light pollution. With respect to regulation, as above,
while there is no on-point regulation, OSHA does enforce the Acts'
general duty clause where warranted.
Thank you for your interest in occupational safety and health.
We hope you find this information helpful. OSHA's requirements are
set by statute, standards, and regulations. Our letters of
interpretation do not create new or additional requirements but
rather explain these requirements and how they apply to particular
circumstances. This letter constitutes OSHA's interpretation of the
requirements discussed. From time to time, letters are affected
when the Agency updates a standard, a legal decision impacts a
standard, or changes in technology affect the interpretation. To
assure that you are using the correct information and guidance,
please consult OSHA's website at http://www.osha.gov. If you have
further questions, please feel free to contact the Office of
General Industry and Agricultural Enforcement at (202) 693-1850.
Sincerely,
Thomas Galassi, Director
Directorate of Enforcement Programs