OSHA Released Long-Awaited Heat Standard Proposed Rule
The Occupational Safety and Health Administration (OSHA) has unveiled a new proposed rule aimed at protecting workers from heat illnesses and injuries. If finalized, this rule would become the first federal standard on heat hazards in the workplace. The Department of Labor launched this effort roughly three years ago. Once published in the Federal Register, stakeholders will have the opportunity to provide comment in advance of the development and publication of a final rule.
The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. OSHA is proposing to exclude from the rule: short duration employee exposures to heat, emergency response activities, work at indoor sites kept below 80°F, telework, and indoor sedentary work activities.
Generally, the proposed standard would require:
Training for employers and employees;
Creating a work site Heat Injury and Illness Prevention Plan (HIIPP);
Adherence to certain 'heat triggers,' which include:
Initial Heat Trigger (Heat Index of 80°F): Requires employers provide drinking water, break areas for indoor and outdoor work sites, acclimatization of new and returning employees, paid rest breaks if needed, and more;
High Heat Trigger (Heat Index of 90°F): Requires employers provide workers a minimum 15-minute paid rest break at least every two hours, display warning signs for excessively high heat areas, and more;
Establishing two different options for General Acclimatization procedures for new or returning workers; and
Additional record-keeping requirements for employers.
A key provision in the proposed rule is the General Acclimatization section which outlines specific provisions for easing new workers into high heat environments. It would require an new employee’s exposure to heat be restricted to no more than 20% of a normal work shift exposure during their first day of work, 40% on their second day of work, 60% on their third day of work, and 80% on their fourth day.
It will also require employers to offer one of the following acclimatization plans once they return to work after being away (this could include vacation time, or sick leave):
Following the protocols listed above for employees during their first week of work.
A gradual acclimatization to heat in which employee exposure to heat is restricted to no more than 50% of a normal work shift exposure during their first day back, 60% on the second day, and 80% on the third day.
General Requirements of Proposed Rule
View the proposed standard here | View a one pager here
Context, Key Highlights, and Impact
The announcement comes amidst a severe heatwave affecting vast parts of the United States, resulting in record-breaking temperatures and numerous heat-related fatalities. Only five states have their own heat protections for workers, but are largely focused on outdoor workers. Addressing the effects of heat on workers has been a priority for OSHA under the Biden administration’s “whole of government approach” to climate change.
President Biden's administration is actively involved in addressing climate change and its effects on public health. The President has highlighted the dire consequences of extreme heat, including the tragic loss of lives. The administration's focus on this issue underscores the urgent need for comprehensive measures to protect vulnerable populations, including outdoor workers.
The recent Supreme Court decision overturning the Chevron Doctrine has led many to question OSHA's authority to implement a sweeping rule affecting approximately 36 million workers nationwide. Litigation is anticipated, challenging both the agency's authority and the reasonableness of the proposal's broad scope.
For more detailed information, visit OSHA's official announcement here.
Constitution Partners will continue to monitor the rule and provide updates on when OSHA posts their notice on the Federal Registry for comments. Please reach out to a member of our team if you have questions.
