Update, 9/12/24: The Occupational Health and Safety Administration (OSHA)’s proposed rule to protect workers from the dangers of extreme heat is now published and available for viewing in the Federal Register. The public is encouraged to submit their comments now thru December 30, 2024. Additional information on the rulemaking process and ways for stakeholders to participate can be found on OSHA’s website.
Original post, 7/29/24: Heat is the leading cause of weather-related deaths in the United States, responsible for more fatalities last year than hurricanes, floods, and tornadoes combined, according to the National Oceanic and Atmospheric Administration (NOAA). In recognition of this serious hazard, the Department of Labor’s Occupational Safety and Health Administration (OSHA) proposed a new rule to protect millions of workers in outdoor and indoor settings without adequate climate controls from the health risks associated with extreme heat. This announcement comes as record-breaking temperatures sweep the nation, increasing the dangers of excessive heat on-the-job, particularly during the summer.
To date, only five states have enacted workplace heat safety standards—California, Colorado, Minnesota, Oregon, and Washington—with Maryland poised to follow. Meanwhile, two states—Florida and Texas—have prohibited local governments and municipalities from passing workplace heat safety rules for outdoor workers. For more information, read NPR’s article, Florida blocks heat protections for workers right before summer.
Key features of the proposed rule would require:
Heat injury and illness prevention plans (HIIPP)
Employers must develop and implement HIIPPs for each work site and designate one or more safety coordinators to implement and monitor the HIIPP. The HIIPP must include a heat emergency response plan and be reviewed and evaluated (1) whenever a heat-related illness or injury occurs and (2) at least once annually. Further, the HIIPP must be made available to all workers at the worksite in a language each employee, supervisor, and heat safety coordinator understands.
Drinking water
Employers must provide employees with access to potable water. The drinking water must be readily accessible to employees, “suitably cool,” and of sufficient quantity to provide a minimum of one quart of drinking water per employee, per hour.
Breaks in shaded or air-conditioned areas
Employers must provide areas for employees to take breaks in shaded or air-conditioned areas. For indoor work sites, areas with increased air movement (e.g., using fans) may suffice. When the heat index is at or over 90 degrees Fahrenheit, employers are required to provide employees with a minimum 15-minute paid rest break at least every two hours. The heat index factors in the ambient temperature and humidity and is more colloquially referred to as the “feels-like” temperature.
Acclimatization
Employers must implement acclimatization protocols for new employees and returning employees during their first week on the job. The protocols must allow for gradual acclimatization at specified intervals that differ depending on whether the employee is a new hire or returning. Returning employees are employees who have been away for more than 14 days (e.g., due to vacation or sick leave).
Observation
Employers must implement methods for observing employees for signs and symptoms of heat-related illness through one of the following: (1) a mandatory buddy system; (2) observation by a superior or heat safety coordinator, with a ratio not to exceed 20 employees per supervisor or heat safety coordinator; and (3) for employees alone at a work site, two-way communication at least every two hours (e.g., via handheld receiver, phone, or radio).
An employer’s responsibility to provide access to water and breaks are triggered when the heat index at the worksite is at or over 80 degrees Fahrenheit (27 degrees Celsius). When the heat index is at or over 90 degrees Fahrenheit, heightened employee protections are triggered, including certain notice requirements alerting employees to the heat hazard, their rights to drinking water and paid breaks, and how to seek help in the event of a heat emergency.
Private employers are already subject to a general duty to maintain safe worksites under OSHA’s General Duty Clause, into which the obligation to address heat-related hazards can be inferred; however, the proposed rule would establish specific requirements to protect employees from heat hazards.
To assess your daily heat risk, consider using the HeatRisk Dashboard provided by the Centers for Disease Control and Prevention. You firm’s health insurance company and partner healthcare providers may also be able to offer insights on the heat hazards applicable to your worksites and assist in preparing your HIIPPs. Victor and CNA policyholders can also access more resources to help manage and mitigate their risks on Victor’s Risk Advisory website.