On July 2, 2024, OSHA announced an unofficial version of the proposed standard to protect workers from heat injury and illness. The Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings is a step toward a federal heat standard to protect workers.
The proposed standard includes requirements for:
- Identifying heat hazards;
- Developing heat illness and emergency response plans;
- Providing training to employees and supervisors; and
- Implementing work practice standards, including rest breaks, access to shade and water, and heat acclimatization for new employees.
If adopted, Employers would likely be subject to its requirements in 2025.
The new proposed OSHA rules would create specific requirements around heat safety and preparedness for all outdoor workers and indoor workers where combined temperature and humidity levels rise above 80 degrees in all general industry, construction, maritime and agricultural sectors where OSHA has jurisdiction, subject to limited exceptions.
Heat is a recognized hazard by OSHA, and it has been using the General Duty Clause traditionally to enforce safety when issuing heat-related citations.
- Section 5(a)(1) of the Occupational Safety and Health Act of 1970, employers are required to provide their employees with a place of employment that “is free from recognized hazards that are causing or likely to cause death or serious harm to employees.”
The OSHA Technical Manual Chapter on Heat Stress establishes OSHA measurements to determine when heat exposure hazards are present in the workplace leading to heat stress (the net heat load to which a worker is exposed due to physical exertion, environmental factors, and clothing worn) and heat strain (the body’s physiological response to heat stress (e.g., sweating)) and related heat-related illness) e.g., heat stroke, heat exhaustion).
Employers should have a proper safety and health plan in place. At a minimum, employers should provide adequate cool water, rest breaks, and shade or a cool rest area. Employees who are new or returning to a high heat workplace should be allowed time to gradually get used to working in hot temperatures. Workers and managers should also be trained so they can identify and help prevent heat illness themselves.
Some states have adopted Heat Standards that cover hazards not addressed by federal OSHA standards (California / Colorado / Minnesota / Oregon / Washington).