On August 30, 2024, the Occupational Safety and Health Administration published a proposed rule to protect millions of workers from a leading cause of weather-related deaths in the United States: heat. You know, that weather condition that shows up in Oklahoma in the spring, summer, fall, and a random three days in December every year? The proposed rule for “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings” is seen as a major step towards establishing a federal heat standard for employers. So, let’s talk about who is covered by the rule and some of the requirements that employers must meet to protect employees from the heat.
If it goes into effect, the proposed rule will apply to employers in general industry, construction, maritime, and agricultural sectors where OSHA has jurisdiction. However, there are a few carve-outs. It would not apply to employees performing work for which there is no reasonable expectation of exposure to heat at or above 80°F; employees who will only be exposed to temperatures of 80°F or higher for 15 minutes or less in any 60-minute period; emergency response workers; employees performing work in indoor areas or vehicles in which air conditioning keeps the ambient temperature below 80°F; employees performing telework; and employees performing sedentary work indoors.
Employers covered by the rule will be required to develop and implement a heat injury and illness prevention plan (HIPP) and designate one or more “heat safety coordinators” to implement and monitor the HIPP. In addition, employers will be required to do the following:
- Monitor heat conditions at outdoor work areas by (1) tracking local heat index forecasts or (2) measuring the heat index or the “wet bulb globe temperature” at the worksite (or as close as possible to the worksite). The “wet bulb global temperature” is a metric that takes into account ambient temperature, humidity, radiant heat from sunlight or artificial sources, and air movement. It also sounds like the name of a 90s alt-rock band that would have opened for Toad the Wet Sprocket.
- Identify indoor work areas in which there is a reasonable expectation that employees may be exposed to heat at or above 80°F.
- Implement the following if the heat index is at or above 80°F: (1) ensure employees have access to one quart of drinking water per hour, (2) provide paid rest breaks if needed, (3) provide rest areas for outdoor operations that have shade or air conditioning, and (4) provide rest areas for indoor operations that have air conditioning or increased air movement and, if appropriate, de-humidification.
- Implement the following if the heat index is at or above 90°F: (1) provide employees with a 15-minute paid rest break every two hours in an area with shade, air conditioning, or increased air movement, (2) implement methods of monitoring employees for signs and symptoms of heat-related illness, and (3) notify employees of the importance of drinking plenty of water, the right to take rest breaks, and how to seek help and the procedures to follow in a heat emergency.
- Develop a plan to acclimatize new workers and returning workers unaccustomed to working in high-heat environments.
- Develop procedures to respond to heat-related illness.
- Maintain records of heat measurements at indoor work areas for six months.
The above are only the highlights of the rule’s requirements. OSHA is currently accepting comments on the rule until December 30, 2024. Employers should monitor the status of the proposed rule and prepare to act accordingly if and when it goes into effect.
This article appeared in the September 12, 2024, issue of The Journal Record. It is reproduced with permission from the publisher.
