OSHA Fatigue Rule: 4 Strategies for Maintaining Compliance

Technically, companies are required by OSHA to keep their employees safe from a recognized and correctible hazard that has either caused or is likely to cause serious harm or death. This seems to be the only rule that might require an employer to reduce hours to stay compliant, but this seems to rarely, if ever, actually be required.

Does OSHA Have Worker Fatigue Rules?

The Occupational Safety and Health Administration (OSHA) has worked to help employers understand the potential harm of extended work hours, emphasizing that these long and inconsistent work shifts are often standard in our society, and long hours can cause a variety of physical and mental health issues. However, extended, rotating, and irregular shifts aren’t actually disallowed under OSHA’s rules.

Overtime pay is available to those who work more than 40 hours in a 168-hour period (with several exceptions). Beyond potentially needing to be paid more, adults can be required to work long hours by their employer, assuming no other relevant rules apply (which we discuss more later).

Some experts argue that extended hours might sometimes constitute a recognized and correctible hazard that has either caused or is likely to cause serious harm or death. In theory, this might violate OSHA’s General Duty Clause. However, we couldn’t find any cases of businesses being charged with violating that clause in this way.

Staying Safe & Compliant With OSHA’s Regulations

Despite the above, it’s still important to pay close attention to employee hours and work to reduce fatigue. The following strategies can help to keep your workplace both safe and compliant:

1. Know All Applicable Regulations

It’s very important to highlight the fact that OSHA isn’t the only regulating body that makes rules businesses and similar organizations need to follow. The Fair Labor Standards Act (FLSA) sets very specific hours under which those under 18 years old can work. Many organizations, including the Department of Transportation (DOT), the Federal Aviation Administration (FAA), and the Federal Railroad Administration, set specific work and rest requirements for employees operating in relevant industries.

These rules aren’t set arbitrarily. Requirements meant to prevent worker fatigue are often set as a result of tragedies or in response to information that suggests a workplace tragedy could occur as a result of unregulated working hours. When these rules are in place, they must be enforced, even if an employee expresses a desire to work more than is permitted or otherwise seems able to work. For example, specific breaks or meal times may be mandated.

2. Design Schedules Around Sleeping

Whenever possible with scheduling, it’s assumed that workers should be getting at least eight hours of sleep every 24 hours. This will notably mean that a business should be scheduling more than eight hours between shifts, as employees need time to drive home, spend some time with their family, and then prepare for bed.

If an employee must work multiple shifts without enough time for them to rest for eight hours, schedule an extended break for them as soon as possible. For example, if an employee works two 12-hour shifts back to back, an effort should be made to give that employee at least 24 hours to recuperate. 

Humans can stay up for longer than 24 hours, but they tend to become significantly less effective at their work and may see a notable decline in their health if repeatedly made to do so. Lack of sleep also greatly increases the risks of accidents and injuries at work, not to mention a decreased quality of work and productivity. 

3. Monitor Employee Well-Being

Some employees handle busier schedules better than others. A rare few employees may seem to almost always be full of energy regardless of the hours they need to work. However, this shouldn’t be assumed.

Even if employees seem fine with long hours, their well-being needs to be monitored. Consider that an employee is incentivized to maintain the appearance of an unbreakable worker to impress their superiors regardless of how they feel.

The best way to balance this monitoring with employee privacy will depend on the situation. Beyond making sure your company follows any relevant privacy laws, it’s likely best to prioritize making the most careful monitoring specifically for employees who work the longest hours or in the hardest conditions. If fatigue is a major concern in your workplace, you may even want to require physicals or otherwise get the opinions of medical experts when you’re unsure whether an employee is being pushed too hard. 

4. Recognize Fatigue (& Don’t Punish It)

If fatigue seems to be punished in the workplace, workers will hide it. This can create the façade of a quality workplace, but it’s actually a major problem. Fatigued workers are less healthy and do worse work. When workers need a break, it’s best if management can recognize that and provide a break as soon as it’s reasonably possible to do so. 

You should also create an environment where employees feel comfortable telling managers they feel overworked and their hours are affecting their health. This will help companies identify systemic problems with their current model. If many of the workers in a particular department or on a certain project feel overworked, something should likely change. 

Conclusion

The truth is that OSHA doesn’t have many relevant regulations when it comes to fatigue and long or unusual worker hours. Other organizations do, and it’s important you’re in compliance with all relevant rules, but OSHA mostly just acknowledges that difficult hours have the potential to be hazardous. With that said, it's a very good policy to keep employee comfort and rest in mind when designing a schedule. Doing so can help morale, productivity, and employee health. 

If fatigue seems to be an issue in the workplace, Alsco Uniforms can help. For example, you can rent anti-fatigue mats for employees who are on their feet for long periods to help reduce the strain on their bodies. We can also talk to you about our safety services, which include high-quality equipment like flame-resistant uniforms, ANSI/ISEA-compliant first aid kits, and PPE. Reach out to us today to learn more. 

References

  1. Long Work Hours, Extended or Irregular Shifts, and Worker Fatigue. OSHA.

  2. Employee Overtime: Hours, Pay and Who is Covered. OSHA.

  3. Understanding Workplace Safety Hours. (March 16, 2020). EHS Insight.

  4. Employer Responsibilities. OSHA.

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