The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently proposed a rule that, if finalized, would establish the nation’s first-ever federal safety standard addressing excessive heat in the workplace. While a heat protection rule was first recommended 50 years ago by the National Institute of Occupational Safety and Health, this proposed rule marks the first efforts to develop and implement such a rule. In general, the proposed rule requires employers to evaluate heat risks for workers and implement requirements for drinking water, rest breaks, and control of indoor heat.

Proposed rule highlights

Some notable guidance from OSHA’s proposed rule includes the following:

• When employees are exposed to heat at or above the initial heat trigger (defined by the proposed rule as 80 degrees Fahrenheit), the employer must:
  • provide access to potable drinking water that is readily accessible to the employee, suitably cool, and of sufficient quantity to provide access to one quart of water per employee per hour;
  • provide one or more areas for outdoor workers to take breaks that is either shaded or air-conditioned; and
  • must provide one or more areas for indoor workers to take breaks that is either air-conditioned or has increased air movement.
• Employers must also allow new employees and employees returning to work after a period of leave to acclimatize whenever the heat index is at or above the initial heat trigger during the employee’s first week of work, with one option being a gradual acclimatization plan in which the duration of the employee’s exposure to heat is gradually increased by set percentages each day of work (i.e., 20% exposure the first day, 40% the following day, etc.).
• When employees are exposed to temperatures at or above the high heat trigger (defined as 90 degrees Fahrenheit), employers must:
  • provide employees a minimum 15-minute paid rest break at least every two hours; and
  • notify employees prior to the work shift of the importance of drinking water, the right to take rest breaks, and the procedures to take in the event of a heat emergency.
• Employers must develop and implement a “heat injury and illness prevention plan” (HIIPP) and designate one or more heat safety coordinators to implement and monitor the HIIPP. Employers must seek the input of non-managerial employees in developing and implementing the HIIPP, and the HIIPP must be reviewed at least once per year, as well as after the occurrence of certain heat-related injuries.

The proposed rule expressly excludes firefighting organizations, employees who are exposed to the initial heat trigger for 15 minutes or less in any 60-minute period, and indoor work areas or vehicles where air-conditioning consistently keeps the ambient temperature below 80 degrees Fahrenheit.

‘Hot’ take

These regulations are not yet in effect. Once they are published in the Federal Register there will be a period for public comment before the proposed rule can be finalized and enforced. If finalized, OSHA projects the rule would affect approximately 36 million workers and substantially reduce heat injuries, illnesses, and deaths in the workplace, though critics are already expressing their concern about the increased cost to employers in implementing the proposed rule.

Employers should begin contemplating whether and how their workforces may be affected by the proposed rule should it be finalized in the future.