What happened?

On July 2, 2024, the White House announced that OSHA released a proposed rule to protect workers from the significant health risks of extreme heat.

What are the details?

General Bites:

• OSHA has issued a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The proposed rule applies to all employers in general industry, construction, maritime, and agriculture sectors.
• The goal of the rule is to prevent and reduce occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat.
• If finalized, the proposed rule would help protect workers in indoor and outdoor work settings and substantially reduce heat injuries, illnesses, and deaths in the workplace.

Key Bites:

• The rule requires employers to develop a Heat Injury and Prevention Plan to control heat hazards in workplaces affected by excessive heat, which should include:
• Evaluate heat risks.
  • Implement measures such as providing drinking water and rest breaks when heat increases risks to workers.
  • Control indoor heat.
  • Protect new or returning workers unaccustomed to high heat conditions.
  • Provide training.
  • Establish procedures to respond to workers showing signs of heat-related illness.
  • Take immediate action in case of a heat emergency.
• Once the proposed standard is officially published in the Federal Register, OSHA encourages public participation through written comments. The agency anticipates a public hearing following the close of the written comment period.

For more information on how to provide comments at this stage of the process, visit https://www.osha.gov/laws-regs/rulemakingprocess#v-nav-tab2.

For a good Breakdown: Link.

Business Considerations

• Employers should develop a prevention plan (or at least a draft) to control heat hazards in workplaces affected by excessive heat. This plan should evaluate heat risks and implement necessary measures when heat increases risks to workers. If you are in a state OSHA plan location, review your heat illness prevention program plan against any state plan requirements.
• Employers should consider implementing safety measures such as providing drinking water, rest breaks, and controlling indoor heat. They should also devise a plan to prepare for the worst and ensure access to first aid and prompt medical attention for symptomatic employees.
• Employers should provide training to educate workers about the risks of heat-related illnesses, the necessary precautions to take, how to identify the symptoms, and what to do.
• Employers should participate in public comments once the proposed standard is officially published in the Federal Register because their input will help develop a final rule that adequately protects workers, is feasible for employers, and is based on the best available evidence.

Source References

• OSHA Heat Indoor/Outdoor Safety Standard Proposed Rule
• White House Press Release
• OSHA Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Rulemaking
• OSHA Fact Sheet 

Resources

• OSHA Releases First-Ever National Heat Safety Rule: 10 Steps for Employers (Fisher & Phillips LLP.)

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