OSHA Releases First-Ever Heat Rule

On July 2, 2024, the Occupational Safety and Health Administration (OSHA) published its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule.  The rule is quite broad in protecting workers from extreme heat.  It would not apply to "sedentary" or remote workers, emergency response workers, or employees at indoor job sites where temperatures are kept below 80º Fahrenheit.  The rule must go through a notice and comment period, but OSHA indicates it will continue to hold employers accountable for violations of the General Duty Clause implicated by heat-related injuries and illnesses.  

The proposal would set the trigger temperature at 80º, and employers would likely need to distribute at least one quart of cool water per hour to each worker and provide cool break areas.  If the index reaches 90º or more, an acclimatization program would be necessary to ease new or returning employees into working in hot conditions.  For conditions likely to reach the 80º trigger, employers would need to implement a heat injury and illness prevention plan, which requires employee involvement and must be in writing for employers with 11 or more workers.  For both indoor and outdoor workers in temperatures of 90º and higher, employers would have to allow employees to take at least one 15-minute paid rest break every two hours.  Employers would need to monitor workers for signs of heat stress by assigning a supervisor to be an observer or establishing a buddy system for workers to watch out for each other. 

This article is part of our August 2024 Newsletter. 

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