Heat is the No. 1 cause of weather-related deaths in the United States each year. According to the Bureau of Labor Statistics, between 2011 and 2022, nearly 500 workers died as a result of exposure to environmental heat. There were also roughly 34,000 cases of job-related heat injuries and illnesses causing workers to miss days from work over the same period. These statistics have prompted OSHA to propose regulation.

Five states already have standards addressing heat related hazards in the workplace: Colorado, California, Minnesota, Oregon and Washington. Maryland and Nevada are also considering similar regulations. However, on Aug. 30, OSHA announced a Notice of Proposed Rulemaking for Heat and Illness Prevention in Outdoor and Indoor Work Settings on the federal level.

The action is highly unusual because the agency has previously, and unofficially, made the rulemaking available more than a month prior to the announcement. The timing is also a bit unorthodox because it comes in a highly contentious election year.

What is not unusual is that OSHA is attempting to combat heat stress in a regulation. The agency has been long working toward developing a permanent standard specifically targeting the hazard.

The context

In recent years, OSHA has implemented several emphasis and awareness programs attempting to reduce injuries and illnesses related to heat stress. The agency also  created an enhanced enforcement initiative pertaining to heat-related hazards and established the National Advisory Committee on Occupational Safety and Health’s Heat Injury and Illness Prevention Work Group.

Heat stress injuries and illnesses are likely much higher than these numbers because these types incidents are often underreported. This is especially true in sectors employing vulnerable workers.

Heat stress is also not always identified as a cause of heat-induced injuries or deaths. Frequently these incidents are misclassified because of overlapping symptoms with other common ailments.

Requirements included

According to an OSHA news release announcing the proposed standard: “This is a significant step toward a federal heat standard to protect workers. The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. The standard would require employers to create a plan to evaluate and control heat hazards in their workplace. It would clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat. The ultimate goal is to prevent and reduce the number of occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat.”

Potential requirements include education and training for supervisors, heat safety coordinators, and employees; creation and implementation of a work site heat injury and illness prevention plan (a written plan would be required for employers with more than 10 employees); two different options for acclimatization procedures for new or returning workers; and additional recordkeeping requirements.

The regulation would establish an initial heat trigger at a heat index of 80°F. This means whenever the workplace temperature reaches that threshold, employer requirements kick in, including providing drinking water, break areas for indoor and outdoor job sites, acclimatization of new and returning employees and paid rest breaks as needed. 

It also would establish a high heat trigger at a heat index of 90°F. When this is triggered, employers would be required to give employees a minimum 15-minute paid rest break at least every two hours and post warning signs for excessively high-heat areas.

Employees working in high temperatures for shorter increments in indoor “sedentary” roles or work activities performed at indoor job sites or vehicles where air-conditioning keeps the ambient temperature under 80°F, work performed at home or at another remote location, and emergency response workers are exempt from the requirements in the standard.

Despite the release of the proposed standard, many stakeholders are pessimistic in the ability to regulate and enforce heat stress provisions. This is due to heat-related illnesses being difficult to quantify and measure. Heat affects people differently and is very subjective. Nonetheless, the action is moving forward. OSHA wants to hear input, and comments can be submitted to the agency until Dec. 30, 2024, through the Federal Register and at www.regulations.gov.

stock.adobe.com / Akarat Phasura