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OSHA Unveils First Ever National Worker Heat Stress Proposal

The Occupational Safety and Health Administration (OSHA) proposed the first ever national heat stress rule targeted at protecting workers from heat related injuries and fatalities. This proposal may soon require employers to implement strict measures for protecting employees from extreme heat, impacting workplace safety protocols. Currently, OSHA relies on the broad General Duty Clause to enforce heat safety regulations, but the agency believes this standard is insufficient due to recent alarming heat waves and the resulting increase in heat-related injuries and deaths.

The new heat stress rule, pending a months-long administrative process before it actually becomes effective, will apply to all employers in general industry, construction, maritime, and agriculture sectors under OSHA’s jurisdiction, for both outdoor and indoor work. However, the proposed rule will not impact short duration employee exposure to the heat, indoor sedentary employees (in workplaces kept below 80 degrees), remote workers, or government employers.

The new heat stress rule, as proposed, will have two main requirements. First, employers with more than 10 employees must create and implement a written Heat Injury and Illness Prevention Plan (HIIPP) to evaluate and control heat hazards. Employers with fewer than 10 employees can communicate this plan verbally but still need a HIIPP, available in a language each employee understands. The plan must be evaluated annually, updated regularly, and incorporate employee input. Second, employers must develop a heat emergency response plan to ensure supervisors and employees are properly trained to respond efficiently to heat-related emergencies.

Additionally, the new heat stress rule, as proposed, will require employers to:
 
  1. Conduct regular heat risks assessments to evaluate the potential for heat exposure in various job roles and settings;
  2. Implement systems to continuously monitor temperature and humidity levels;
  3. Provide workers with accessible drinking water at all times during the workday and encourage regular hydration;
  4. Implement scheduled rest breaks in cool, shaded areas to allow workers to recover from heat exposure;
  5. Ensure there are shaded and/or air conditioned rest areas available for workers to utilize during breaks;
  6. Educate employees on heat-related illnesses, early signs of heat stress, and preventive measures. Employers must provide an annual refresher training and additional training after changes in heat exposure, policies, or heat-related incidents;
  7. Implement acclimatization plans for new and returning workers;
  8. Maintain written records of indoor monitoring data for at least six months;
  9. Keep detailed records of heat-related incidents to improve and update safety practices; and
  10. Conduct regular audits of heat safety measures.

While awaiting the implementation of the proposed rule, employers should consider proactive steps to protect workers from heat-related injuries by drafting a prevention program, conducting training on heat illnesses, providing rest breaks and hydration, and preparing to offer medical assistance as necessary.