During the summer months in particular, heat safety is a concern for many employers. Each year, dozens of workers die and thousands more suffer illnesses related to hazardous heat exposure, according to the Department of Labor’s Occupational Safety and Health Administration (OSHA). OSHA, which already focuses significant resources on heat-related enforcement, announced in May 2024 that it has moved closer to publishing a proposed rule to reduce the health risks of heat exposure for workers in both indoor and outdoor settings.
Existing Heat Safety Enforcement
OSHA currently holds employers accountable for heat-safety violations through the General Duty Clause and other regulations. The General Duty Clause requires employers to provide workers with a place of employment that “is free from recognized hazards that are causing or likely to cause death or serious harm to employees.”
In 2022, OSHA launched a National Emphasis Program focused on outdoor and indoor heat-related hazards. With this program, OSHA targets workplaces with the highest exposures to heat-related hazards. Since the program’s launch, OSHA has conducted close to 5,000 heat-related inspections.
The National Emphasis Program targets more than 70 high-risk industries for heat-related hazards. These include industries with outdoor exposures, such as agriculture, construction, landscaping, mail and package delivery, and oil and gas well operations, and those with indoor heat exposure, such as bakeries, kitchens, laundries, electrical utilities, fire service, iron and steel mills and foundries, manufacturing and warehousing.
One of OSHA’s main priorities for inspections has been agricultural employers who hire temporary, nonimmigrant H-2A workers for seasonal labor. In addition to being at high risk of hazardous heat exposure, these workers face unique vulnerabilities, including potential language barriers and less control over their living and working conditions.
Protecting Workers from Heat-Related Hazards
Employers have a responsibility to protect workers from dangerous heat exposure. Employers should have a written heat illness prevention plan and take protective measures that include adequate cool water, rest breaks and shade or a cool rest area. According to OSHA, most outdoor fatalities occur in the first few days of working in warm or hot environments, because workers need time to build a tolerance to the heat. As such, when employees are new or returning to a hot workplace, they should be allowed extra time to acclimatize. Both workers and managers should be trained on how to identify signs and symptoms of heat illness and appropriate responses.
Future Heat Safety Rulemaking
To further address the dangers of heat exposure in the workplace, OSHA presented the initial regulatory framework of a proposed new rule at an April 2024 meeting of its Advisory Committee on Construction Safety and Health. The committee, which advises OSHA on safety and health standards and policy matters, unanimously recommended that the agency move forward on providing a Notice of Proposed Rulemaking. Once OSHA provides notice, it will solicit and consider comments from various stakeholders and members of the public as part of the process of proposing and finalizing the new rule.
Pappas Grubbs Price PC can assist you with the complex OSHA compliance process and help you assert your rights throughout the OSHA inspection process. Few firms in the United States match our expertise in OSHA matters. Our OSHA attorneys have represented hundreds of clients in OSHA investigations, and we are able to perform 24/7 rapid response on-site coordination with our clients, often arriving before the OSHA inspector. For assistance with your OSHA matter, contact the OSHA attorneys at Pappas Grubbs Price.
