The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has proposed a new rule that it says will help protect workers from heat hazards in both indoor and outdoor settings. If finalized, the proposed rule would substantially reduce heat-related injuries, illnesses and deaths and help protect about 36 million workers in workplaces that are affected by excessive heat, according to OSHA.
What the New Rule Would Require
Announced in early July, the proposed rule would require many employers to develop an injury and illness prevention plan to evaluate and control heat hazards in their workplaces. Employers would be required to evaluate heat risk and, when the risk rises above a certain threshold, to implement interventions such as drinking water and rest break requirements and controls for indoor heat. The plan would need to include a protocol for allowing new or returning workers who are unaccustomed to working in the heat to acclimatize to the conditions. Further, employers would be required to provide training and have procedures in place to respond appropriately if a worker is experiencing signs and symptoms of a heat-related illness or a heat emergency.
“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,” Assistant Secretary for Occupational Safety and Health Douglas L. Parker said in a statement announcing the new rule.
In the U.S., heat is the leading cause of death among all weather-related hazards. According to the Bureau of Labor Statistics, 479 workers died from exposure to environmental heat from 2011 to 2022, averaging about 40 fatalities per year. Additionally, there were 33,890 work-related heat injuries and illnesses that resulted in days away from work from 2011 to 2020 – an average of 3,389 per year.
Types of Employers/Work Impacted
The proposed rule would apply to employers conducting outdoor and indoor work across all general industry, construction, maritime and agriculture sectors. OSHA is proposing certain exclusions from the rule, including work at indoor sites that are kept below 80°F, indoor sedentary work activities, telework, emergency response activities and short-duration employee exposures to heat.
Comment Period
OSHA will soon publish its official Notice of Proposed Rulemaking in the Federal Register. Once that happens, a public comment period will open, allowing stakeholders and members of the public to submit comments on the proposed standard. OSHA says it expects to hold a public hearing after the written comment period. Comments from stakeholders and members of the public will be taken into consideration as part of OSHA’s process to finalize the 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.
