Update Applicable to:	Due date
All Covered employers	Final Date for Comments – 12/30/2024

What happened?

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) published the agency’s first proposed indoor and outdoor heat illness prevention rule. The rule is expected to be finalized in 2025.

Quick Summary:

• The proposed federal rule addresses indoor and outdoor employment places similarly to California standards.

• Employers must adopt acclimatization, high heat, and emergency response procedures, maintaining all heat illness prevention procedures in a written plan.

• Differences include varying threshold temperatures for procedures like water provision, cool-down areas, and breaks.

• Employers must develop an injury and illness prevention plan to control heat hazards, evaluate heat risks, and implement measures like drinking water, rest breaks, and indoor heat control. This includes plans for new or returning workers unaccustomed to high heat.

• Training and emergency response procedures are required to address heat-related illnesses and emergencies.

• The public is encouraged to submit written comments on the rule once published in the Federal Register, with a public hearing anticipated after the comment period. More information will be available upon publication.

What are the details?

The California Indoor & Outdoor Rules Vs OSHA Indoor and Outdoor Proposed Rule

Similarities:

• Provision of Water: Both the national rules and California’s regulations require employers to provide access to potable water that is fresh, suitably cool, and free of charge.
• Rest Breaks and Cool-Down Areas: Both regulations mandate that employers provide rest breaks and access to cool-down areas to help workers manage heat stress.
• Training and Emergency Procedures: Both the national and California rules emphasize the importance of training workers on heat-related illnesses and having procedures in place to respond to heat emergencies.

Differences:

• Scope and Application:
  
  • California: The indoor heat illness prevention standard applies when the indoor temperature exceeds 82°F, while the outdoor standard applies to all outdoor workplaces.
  • National: The proposed national rule is broader, covering both indoor and outdoor workplaces without specifying a temperature threshold.

• High-Heat Procedures:
  
  • California: Specific high-heat procedures are required when outdoor temperatures reach 95°F or higher.
  • National: The proposed rule does not specify a temperature threshold for high-heat procedures but requires a general evaluation of heat risks.

• Assessment and Control Measures:
  
  • California: Indoor workplaces must measure and record the temperature or heat index when it reaches 87°F (or 82°F for certain conditions) and implement control measures.
  • National: The proposed rule requires a more general assessment of heat risks and appropriate control measures without specific temperature thresholds.

For a good breakdown of OSHA’s proposed Heat Rule.

Business Considerations

• Employers may want to consider evaluating existing plans to determine whether any measures would be required under the proposed rule to strengthen the ability to protect workers and avoid an OSHA citation under the General Duty Clause.
• Employers should be prepared to adopt acclimatization, high heat, and emergency response procedures, maintaining all heat illness prevention procedures in a written plan.
• Employers should be aware of the different threshold temperatures for procedures like water provision, cool-down areas, and breaks compared to California regulations.
• Employers should develop an injury and illness prevention plan to control heat hazards, evaluate heat risks, and implement measures like drinking water, rest breaks, cool-down areas, and indoor heat control. This includes plans for new or returning workers unaccustomed to high heat.
• Employers should provide training and have procedures to respond if a worker is experiencing signs and symptoms of a heat-related illness and take immediate action to help a worker experiencing signs and symptoms of a heat emergency.
• Employers should consider submitting written comments on the rule once published in the Federal Register and stay informed about the anticipated public hearing after the comment period. The public can submit comments on the proposed National Heat Illness Prevention Rule through the Federal e-Rulemaking Portal at www.regulations.gov. The comment period is open until December 30, 2024.

Source References

• Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings
• National Heat Illness Prevention Rule for Indoor, Outdoor Workers Proposed (California Chamber of Commerce)
• DOL Indoor and Outdoor Proposed Rule Announcement
• DOL Unveils Proposed Heat Illness Prevention Rule as Federal Agency Authority Faces Questions (Ogletree Deakins)
• OSHA Heat Injury and Illness Prevention In Outdoor and Indoor Work Settings Rulemaking
• White House Press Release of Indoor and Outdoor Rule

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