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OSHA Proposes Heat Stress Rule as Upscale Atlanta Restaurant Workers Strike to Protest Working Conditions During Heat Wave

Just after workers at Delbar, an upscale Persian restaurant in Inman Park, walked out over poor working conditions, including heat, the U.S. Occupational Safety and Health Administration proposed a rule Tuesday that would require employers to take corrective action when temperatures exceed 80 degrees Fahrenheit.

OSHA’s proposed new rule, in the works since 2021, requires employers to take corrective action when temperatures exceed 80 degrees Fahrenheit. That includes providing cool break areas and fresh drinking water and doubling rest breaks from 15 minutes every four hours to 15 minutes every two hours. At 90 degrees, additional requirements for shaded and air-conditioned areas would go into effect.

OSHA’s proposed rule to protect workers from excessive heat has been in the works since 2021. It is now subject to a 120-day public comment period before being considered by the White House. The rule won’t be adopted until next year.

But in the middle of summer, as temperatures hit record highs in Atlanta, employees at Delbar Middle Eastern Restaurant and Bar in the trendy Inman Park neighborhood are taking matters into their own hands. A group of Delbar workers walked off the job during the 6:30 p.m. dinner rush on Monday and announced they would strike for seven days to protest poor working conditions.

Workers strike outside Delbar on Monday night. Credit: USSW Credit: USSW

“Wages are too low for such an expensive city. Temperatures are too high indoors for such a hot city. Working conditions are too bad for a Michelin-starred restaurant!” they said in an Instagram post about the rally. “We demand higher wages, proper breaks and cooling, and respect for management NOW.”

Delbar workers coordinated the strike with the Southern Service Workers Union (USSW), after delivering a letter of demand to management on June 20 for adequate air conditioning in the kitchen, $25 an hour for waitstaff and kitchen staff, fair schedules and adequate safety supplies.

“We don’t get breaks. We don’t have air conditioning. I can’t rest for more than a few minutes at a time. It’s exhausting working in the heat, it wears you out mentally and physically. It’s often 32 degrees or more in the kitchen.” said Madison Tipton, a Delbar worker, in a news release.

“There are times when I’m in the back polishing silverware and I feel like I’m going to pass out. I went home early last week because I was feeling weak and dizzy,” she added.

The USSW supported a similar action last July by workers at a Decatur Burger King, sparked by a broken air conditioner. Burger King then closed the store to repair the air conditioner.

Delbar workers are also demanding paid sick leave, vacation time, company health insurance and respect for union rights.

Delbar management did not immediately respond to requests for comment.