The Occupational Safety and Health Administration (OSHA) has proposed a federal rule to reduce heat injury and illness, a timely move amid the sweltering July heat waves across the U.S. This proposal, however, faces opposition from many Republicans and employers who would be subject to the new standards.
OSHA’s proposed rule on “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings” aims to establish a federal heat standard to protect employees working in both indoor and outdoor conditions. According to OSHA, from 2011-2022, there was an average of 40 heat-related fatalities and 3,389 work-related heat injuries and illnesses annually across the U.S. The agency believes these numbers are likely underestimated.
The proposed rule would apply to “all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction.” However, OSHA does not have jurisdiction over agricultural employers with 10 or fewer employees, exempting smaller-scale farms and agribusinesses. Employers subject to the rule would need to assess their working conditions and develop a “heat injury and illness prevention plan” to manage heat hazards in their workplaces.
Key Requirements of the Proposed Rule
- Identify heat hazards in outdoor and indoor work sites; 1. For outdoor work sites, employers would have to monitor the heat at the site by tracking local heat index forecasts or measuring the heat index and temperature; 2. For indoor work sites, employers would have to identify work areas with the potential for hazardous heat exposure and implement a monitoring plan
- Implement control measures at or above an Initial Heat Trigger (heat index of 80°F) that includes providing employees with effective two-way communication, cool drinking water, break areas with cooling measures, indoor work area controls, acclimatization protocols for new and returning unacclimatized employees, and paid rest breaks if needed to prevent overheating.
- Implement additional control measures at the High Heat Trigger level (heat index of 90°F) that include providing employees with a hazard alert and mandatory rest breaks of 15 minutes every two hours and observing employees for signs and symptoms of heat-related illness.
- Provide training, have procedures to respond if a worker is experiencing signs and symptoms of a heat-related illness, and take immediate action to help a worker experiencing signs and symptoms of a heat emergency.
- For indoor work sites, employers would have to identify work areas with the potential for hazardous heat exposure and implement a monitoring plan
For more information on OSHA’s proposed Heat Injury and Illness Prevention rule, visit the agency’s website. Comments on the proposal can be submitted after it is published in the Federal Register. For details on the rulemaking process and how to submit comments, visit this OSHA page.