OSHA recently issued a Notice of Proposed Rulemaking to address how heat-related hazards are managed in both outdoor and indoor work settings. In its release, OSHA notes that heat is the leading cause of weather-related fatalities in the United States.
What Employers Should Know:
Scope and Impact:
- The proposed rule establishes a federal unified heat standard that would apply to all employers across general industry, construction, maritime, and agriculture sectors within OSHA’s jurisdiction.
- Employers would be required to formulate and implement comprehensive plans designed to assess and mitigate the risks associated with heat exposure.
- The proposed rule includes more specific employer obligations such as:
- Identifying heat hazards,
- Implementing engineering and work practice control measures,
- Developing a heat illness and emergency response plan,
- Providing training to employees and supervisors,
- Retaining records.
Notable Requirements:
- Two thresholds (via heat index): 1) “initial heat trigger” is 80 degrees; and 2) “high heat trigger” is 90 degrees;
- At initial heat trigger, have to have a program, do training, and adopt common-senses measures like provide water;
- At high heat trigger, the employer must provide employees a minimum 15-minute paid rest break at least every two hours in a cool, shaded or air conditioned area
- In an eight hour day, one hour must be spent resting in a cooled area
Timeline:
- The proposed rule has been published in the Federal Register and OSHA is accepting comments through the end of 2024.
- Given the ongoing comment period and potential impact of November’s election, the proposed rule is not expected to be implemented until mid-to-late 2025 at the earliest—contingent upon its final approval.
See OSHA’s Press Release and OSHA’s Notice of Proposed Rulemaking in the Federal Register.
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