The Occupational Safety and Health Administration (OSHA) has issued a Proposed Rule that could expose employers to liability when employees suffer heat illnesses in outdoor or indoor workplaces. This Rule will affect approximately 36 million workers across most industries, including construction, agriculture, and manufacturing. To prevent heat-related hazards, employers would be required to provide employees with water and frequent breaks when temperatures reach a heat index of 80°F or hotter.

Overview of the Proposed Rule

According to OSHA, heat is the most lethal weather condition that employees face. From 2011 to 2022, employers reported 479 employee deaths to OSHA caused by exposure to high temperatures. OSHA estimates that employees suffer 33,890 heat injuries and illnesses at work each year. 

OSHA has long considered establishing a rule to prevent these heat-related injuries, and finally proposed one on July 2. This Proposed Rule would apply to all workplaces in OSHA’s jurisdiction (which includes most industries) and apply even to employers whose employees work entirely inside. The Proposed Rule would require the following:

1. Development of Heat Control Plans: Every employer would be required to develop a Heat Injury and Illness Prevention Plan (HIIPP) that addresses heat hazards specific to their workplace.
2. Cooling Measures: OSHA’s new standard would require employers to take proactive steps to keep employees from overheating. In particular, the Proposed Rule would establish an “initial heat trigger” at an 80°F heat index (which measures the ambient temperature and humidity). When temperatures reach this point, employers would have to provide employees with drinking water and shaded break areas. At the “high heat trigger” of 90°F, employers would have to begin monitoring for signs of heat illness and provide 15-minute breaks every two hours.
3. Training and Acclimation: Employers would be required to provide training on heat hazards to new employees and annual refresher training for all other employees. New employees, and those returning from 14 days of leave or more, would also be entitled to lighter duty as they acclimate to working in temperatures above 80°F.

OSHA enforces rules, like this one, primarily through fines. Any “serious” violation of an OSHA rule – which is how OSHA is likely to consider a violation of this rule – can cost employers up to $16,131 per violation. Violations that appear willful to OSHA result in increased fines that can easily reach six figures.

Next Steps for OSHA – and You

The Proposed Rule marks the beginning of OSHA’s rulemaking process, during which stakeholders, including employers, employees, industry associations, and health experts, are encouraged to submit comments to the agency. Once OSHA considers these comments it will, presumably, issue a Final Rule, which could resemble this Proposed Rule, or vary slightly from it.

It should also be noted that, while OSHA does not currently have a heat hazard rule, it has nonetheless historically penalized employers for failing to address heat hazards through its general enforcement powers. So employers who operate outside, or inside with heat-producing equipment, should consider now how to minimize the risks of heat-related illnesses for their employees.