OSHA Proposes Rule Regulating Workplace Heat Exposure
Author: Emily Scace, Brightmine Senior Legal Editor
July 2, 2024
The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) targeting heat exposure in workplaces throughout the United States.
Although OSHA has tried to raise awareness of heat stress hazards through its outreach efforts for many years, there is currently no federal regulation that specifically requires employers to protect workers from heat illness. The proposed rule would change the regulatory landscape by applying a uniform standard across all employers over which OSHA has jurisdiction.
"Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them," Assistant Secretary for Occupational Safety and Health Doug Parker commented in a statement. "Today's proposal is an important next step in the process to receive public input to craft a 'win-win' final rule that protects workers while being practical and workable for employers."
The proposed rule will be open for public comment for 120 days after publication in the Federal Register.
Conflicting state action
Some states, including California, Oregon and Washington, already have rules regulating heat exposure. California, which has had a heat illness prevention rule for outdoor workplaces since 2006, is currently in the process of adopting a similar rule for indoor workplaces. States with their own occupational safety and health regulatory agencies may set their own standards, as long as they are at least as protective as the federal rules. If the proposed rule is finalized, states with existing heat illness prevention rules will need to evaluate those standards to determine whether amendments are needed.
Meanwhile, Florida and Texas have enacted laws prohibiting cities and counties within their borders from adopting their own heat illness prevention measures.
Overview of key provisions
If implemented in its current form, the rule would apply to both indoor and outdoor workplaces where workers are likely to be exposed to a heat index of 80 degrees Fahrenheit or higher, except for:
- Short-duration exposures of 15 minutes or less in any 60-minute period;
- Firefighting and certain other emergency response activities;
- Work performed indoors or in vehicles where air-conditioning consistently keeps temperatures below 80°F;
- Work done from home or another remote location of an employee's choosing; and
- Sedentary indoor work activities that only involve some combination of sitting, occasional standing and walking for brief time periods, and occasional lifting of objects weighing less than 10 pounds.
Employers whose employees all exclusively perform the above activities would be exempt from the standard.
Covered employers would be required to develop and implement a Heat Injury and Illness Prevention Plan (HIIPP) and make the plan available to employees. Employers would also need to provide training to employees and supervisors, monitor working conditions for heat hazards and implement a series of controls to minimize the risk of heat stress, such as:
- Providing sufficient quantities of cool drinking water;
- Providing suitable break areas for employees to cool down;
- Allowing new and returning employees to gradually acclimatize to high heat conditions,
- Encouraging employees to take paid rest breaks as needed to prevent overheating; and
- Maintaining effective two-way communication with employees.
When the heat index reaches 90°F, employers would be required to provide additional paid rest breaks at least every two hours, observe employees for signs of heat-related illness, and notify employees of high heat hazards and safety precautions.