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OSHA Issues Proposed Rule for Extreme Heat Safety

By Katie Kuehner-Hebert | Jul 11, 2024
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On July 2, the Labor Department released a proposed rule for employers to mitigate the health risks of extreme heat—the leading cause of weather-related deaths in the country.

On July 2, The Labor Department released a proposed rule for employers to mitigate the health risks of extreme heat—the leading cause of weather-related deaths in the country.

“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,” said Assistant Secretary for Occupational Safety and Health Doug Parker in a July 2024 press release. “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.”

Under the proposed rule, employers must develop a heat injury and illness prevention plan with site-specific information and designate one or more heat safety coordinators to implement and monitor the plan.

Among other requirements, employers must monitor heat conditions at outdoor work areas by tracking local heat index forecasts provided by the National Weather Service or other reputable sources. At indoor work sites, employers must identify each work area where there is a reasonable expectation that employees are or may be exposed to heat at or above the initial heat trigger of 80°F.

When initial heat triggers are met, employers must provide access to one quart of suitably cool drinking water per worker per hour. Employers must also encourage workers to take paid rest breaks indoors with air-conditioning or fans, and if necessary, dehumidifiers, or rest breaks outdoors under natural shade or artificial shade under tents—but not shade from equipment.

When high heat triggers are met—90°F for indoors and outdoors, as set by the National Weather Service—employers must provide workers a minimum 15-minute paid rest break at least every two hours in the break area.

Employers must observe workers for signs and symptoms of heat-related illness by either implementing a co-worker buddy system or having supervisors or heat safety coordinators observe. For solo workers, employers must contact them at least every two hours to make sure they’re OK and keep lines of communication open at all times in case of emergency.

Workers must be trained and periodically reminded about how to mitigate the health risks to extreme heat—a critical aspect of this proposed rule, said Wes Wheeler, NECA’s executive director of safety.

“Personal accountability and responsibility should be foremost for every worker to understand,” Wheeler said. “Getting workers to understand the ancillary issues with heat, which are the effects of caffeine and carbonated beverages, prescription medications, personal health risk factors such as obesity, cardiac or respiratory issues and also being able to recognize when heat may be affecting them is vital.”

Under the proposed rule, if a worker is experiencing signs and symptoms of heat-related illness, the employer must relieve them from duty, monitor them, ensure they are not left alone, offer them on-site first aid or medical services before ending monitoring, and provide them with the means to reduce their body temperature.

If a worker is experiencing signs and symptoms of a heat emergency, the employer must contact emergency medical services right away and take immediate actions to reduce the employee’s body temperature before emergency medical services arrive.

Employers’ heat injury and illness prevention plans must be written in a language that each worker understands, Wheeler said.

“Therefore, if you have a multi-ethnic workforce, you must ensure it is translated and provided to each worker to ensure compliance,” he said. “Understanding all the nuances of breaks could possibly be challenging to implement according to these regulations.”

The proposed rule does not cover workers performing emergency response activities, and Wheeler said this should also include emergency electricity restoration work after storms.

The public is encouraged to submit written comments on the rule once it is published in the Federal Register. The agency also anticipates a public hearing after the close of the written comment period.

In the interim, OSHA continues to direct significant existing outreach and enforcement resources to educate employers and workers and hold businesses accountable for violations of the Occupational Safety and Health Act’s general duty clause, 29 U.S.C. § 654(a)(1) and other applicable regulations.

The agency continues to conduct heat-related inspections under its National Emphasis Program – Outdoor and Indoor Heat-Related Hazards, launched in 2022. The program inspects workplaces with the highest exposures to heat-related hazards proactively to prevent workers from suffering injury, illness or death needlessly. Since the launch, OSHA has conducted more than 5,000 federal heat-related inspections.

About The Author

KUEHNER-HEBERT is a freelance writer based in Running Springs, Calif. She has more than three decades of journalism experience. Reach her at [email protected].  

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