No Fun in the Sun: Maryland Employers Brace for New Heat Stress Standard Enforcement

As the weather warms, Maryland Occupational Safety and Health (MOSH) is set to enforce its new Heat Illness Prevention Standard (the Standard). Under the Standard, Maryland employers will likely need to provide 10-minute breaks every two hours to employees working outdoors or working in facilities without air conditioning for large portions of the summer. On the hottest of days, employers will need to provide 15-minute breaks every hour to employees working outdoors or working in facilities without air conditioning.

Covered Employers

The Standard is far-reaching and generally applies to all employers with employees whose employment activities, whether indoor or outdoor, expose employees to a heat index that equals or exceeds 80 degrees Fahrenheit. Employees who are not required to perform work in heat for more than 15 consecutive minutes per hour are not covered by the Standard.

Shade Access and Drinking Water

Covered employers must provide shaded areas to employees working in the heat as close to their work area as possible. The shaded areas must be large enough for all employees who need to use the shaded area. In addition to shade access, covered employees be provided with 32 ounces of cool drinking water per hour at no cost. While the water must be as close to the work area as practicable, all water for the day need not be available at the start of the day.

High Heat Procedures

The Standard imposes additional obligations on employers when the heat index reaches or exceeds 90 degrees Fahrenheit where work is being performed. These "high heat procedures" must include a work and rest schedule to protect employees from heat-related illness. This is adjusted for environmental conditions, workload, and the effect of required clothing or personal protection equipment.

An employer's high heat procedures must include:

1. A minimum rest period of 10 minutes for every 2 hours worked where employees are exposed to a heat index between 90 and 100 degrees Fahrenheit and
2. A minimum rest period of 15 minutes for every hour worked where employees are exposed to a heat index above 100 degrees Fahrenheit

Additionally, when high heat procedures are in effect, employers must monitor employees for signs of heat-related illness with regular communication, such as by via phone, radio, or a buddy system.

Heat-Related Illness Prevention and Management Plan

Covered employers must also develop, implement, and maintain an effective written heat-related illness prevention and management plan. The plan must be must available and accessible to employees and to MOSH upon request.

An employer's heat-related illness prevention and management plan must address:

1. How sufficient amounts of drinking water will be provided
2. How to recognize and respond to the symptoms of heat-related illness, including heat exhaustion and heat stroke
3. How employees will be provided with sufficient time and space to rest in shaded or cool, climate-controlled areas to cool off
4. How the employer will implement rest break schedules
5. How employees will be trained on the hazards of heat exposure and the necessary steps to prevent heat-related illness

Training

The Standard also requires employers to provide employees with training. The training must occur prior to an employee's first exposure to heat, and re-training must be conducted both annually prior to exposure and following any incident at the worksite involving a suspected or confirmed heat-related illness.

The training must include, at a minimum:

1. The work and environmental conditions that impact heat-related illness
2. The personal risk factors that affect heat-related illness
3. The concept, importance, and methods of acclimatization
4. The importance of frequent consumption of water and rest breaks in preventing heat-related illness
5. The types of heat-related illness, signs and symptoms of heat-related illness, and the appropriate first aid and emergency response measures

Maryland employers with employees potentially exposed to heat index temperatures of at least 80 degrees Fahrenheit should begin taking steps now to ensure that they protect their employees from heat-related illnesses and comply with MOSH's new regulations.