OSHA Proposes Heat Injury and Illness Prevention Rule
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has proposed the first federal workplace heat standard to protect millions of Americans from the health risks associated with exposure to extreme heat. Heat is the leading cause of death out of all hazardous weather conditions in the United States and caused an average of 40 workplace fatalities a year between 2011 and 2022. During that period, an estimated 33,890 employees took time off work due to heat-related injuries and illnesses, although the actual number is likely to be significantly higher.
Health-related injuries, illnesses, and fatalities are not only weather-related. Employees working in indoor environments can be exposed to dangerous heat levels if their place of work lacks adequate climate controls, especially in areas where there are heat-generating processes such as ovens and furnaces. Some employees, such as pregnant women, face a greater risk from heat exposure and workers of color and migrant workers are more likely to be employed in locations where they are exposed to hazardous heat levels.
The proposed rule requires employers to develop an injury and illness prevention plan, evaluate heat risks in internal and external work environments, and ensure that steps are taken to reduce the risks to workers. Those measures include making drinking water available, ensuring workers get adequate rest breaks, and implementing measures to control indoor heat. Employers must also develop a plan to protect new and returning workers who may not be accustomed to working in high-heat conditions. Training must be provided to workers to ensure that they are aware of heat risks, and procedures must be developed that can be followed in the event of a worker showing symptoms of health-related illness. If those symptoms are observed, immediate action must be taken to assist those workers.
An initial heat trigger of 80°F requires employers to provide drinking water, a break area at indoor and outdoor worksites, acclimatize new and returning workers, and provide paid breaks if needed. When heat levels rise past the second heat trigger of 90°F, employers must give workers a 15-minute paid rest break at least every 2 hours and display warning signs in areas of excessive heat, among other measures.
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A notice of proposed rulemaking (NPRM) will soon be published in the Federal Register, although an unofficial copy of the rule is available here and OSHA has published a fact sheet on the heat standard rulemaking. OSHA welcomes feedback from the public on the proposed rule once it has been published in the Federal Register. After the comment period closes, OSHA anticipates holding a public hearing ahead of the publication of a final rule. The aim is to issue a final rule that ensures workers are protected, hazards are reduced, and that the measures required are feasible for employers.
“Every worker should come home safe and healthy at the end of the day, which is why the Biden-Harris administration is taking this significant step to protect workers from the dangers posed by extreme heat,” said Acting Secretary of Labor Julie Su. “As the most pro-worker administration in history, we are committed to ensuring that those doing difficult work in some of our economy’s most critical sectors are valued and kept safe in the workplace.”
