The Occupational Safety and Health Administration (OSHA) has proposed a new rule designed to protect workers from heat-related injuries and illnesses in both outdoor and indoor settings. The rule would require employers across various industries, including construction, agriculture, and general industry, to implement measures to prevent dangerous heat exposure.
Who Does It Affect?
This rule applies to most employers with workers exposed to high temperatures, both indoors and outdoors. Exemptions include jobs in air-conditioned environments where temperatures stay below 80°F, short-term exposures to heat (less than 15 minutes per hour), emergency response work like firefighting, telework, and desk jobs with minimal physical activity.
Key Requirements
With the new OSHA heat rule, employers will be required to take action when temperatures hit certain thresholds:
- 80°F (“Initial Heat Trigger”)**: Employers must provide:
- At least one quart of cool drinking water per employee per hour.
- Shaded or air-conditioned areas for breaks.
- Adaptation procedures to help workers transition from cooler to hotter environments.
- 90°F (“High Heat Trigger”)**: In addition to the above, employers must also:
- Provide a 15-minute paid break every two hours.
- Ensure rest breaks do not include time spent walking to or from the break area.
- Monitor employees for signs of heat illness using methods like a buddy system or direct supervision.
Heat Injury and Illness Prevention Plan (HIIPP)
Employers are required to create a Heat Injury and Illness Prevention Plan (HIIPP), which includes specific safety protocols for managing heat hazards. This plan must involve employee input, be readily available on-site, and updated annually or after any heat-related incident.
Training and Monitoring
Employers must provide annual training for both employees and supervisors on recognizing heat hazards and implementing prevention measures. If conditions change or heat-related incidents occur, additional training must be provided.
What’s Next?
While the proposed rule has gained public support, particularly from workers, it may face legal challenges. Although the rule seeks to improve worker safety as heat-related risks increase across the U.S., some argue it oversteps OSHA’s authority by mandating paid breaks and requiring employee involvement in safety plans. Public comments are being accepted until December 30, 2024.
