By Mark E. Heath
The OSHA process for issuing a new heat regulation is finally heating up. On August 30, 2024, OSHA published its Notice of Proposed Rule Making (NPRM) in the Federal Register. The path to get to this NPRM has been a long one. Indeed, OSHA published an Advance Notice of Proposed Rulemaking nearly three years ago in October 2021.
In publishing the NPRM, OSHA noted that heat is a leading cause of weather-related deaths in the United States (not just in the workforce). Moreover, as it gets hotter in the United States, heat is – and will remain – a growing issue in the workforce, and employers are already having to deal with how to minimize the effects of heat on employees.
While the rulemaking process is ongoing, OSHA has previously announced that it is using the General Duty Clause, also known as Section 5 of the OSH Act, to enforce heat protection for workers now and require employers to take steps to prevent employee exposure to serious heat events. The Heat National Emphasis Program will remain in effect until April 2025. Essentially, OSHA is using its powers under the General Duty Clause to bridge the time between considering and finalizing a heat standard rule.
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