In response to escalating concerns over heat-related workplace illnesses and fatalities, the Occupational Safety and Health Administration (OSHA) has introduced a proposed rule titled “Heat Injury and Illness Prevention in Outdoor and Indoor Occupational Settings.” This initiative aims to establish comprehensive federal standards to safeguard workers from heat stress across various industries.
Scope and Applicability
The proposed regulation is designed to apply broadly, encompassing all employers conducting outdoor and indoor work in sectors such as:
- General Industry
- Construction
- Maritime
- Agriculture
These sectors are included where OSHA has jurisdiction.
The standard would be triggered when employees are exposed to heat indexes of 80°F or higher for more than 15 minutes within any 60-minute period.
The standard would be triggered when employees are exposed to heat indexes of 80°F or higher for more than 15 minutes within any 60-minute period.
Exemptions
Certain activities and work environments are exempt from the proposed rule, including:
- Remote or telework arrangements.
- Indoor sedentary tasks involving minimal physical activity.
- Work in consistently cool indoor environments where temperatures remain below 80°F.
- Emergency response operations, such as firefighting.
- Tasks with brief heat exposures lasting 15 minutes or less per hour.
These exemptions aim to focus the regulation on environments where heat poses a significant risk to worker health.
Key Provisions of the Proposed Rule
1. Heat Injury and Illness Prevention Plan (HIIPP): Employers with more than ten employees are required to develop and implement a written HIIPP. This plan must outline procedures for:
- Providing access to potable drinking water.
- Ensuring rest breaks in shaded or cool areas.
- Implementing acclimatization protocols for new or returning workers.
- Monitoring environmental heat conditions.
- Responding to heat-related emergencies.
Employers with ten or fewer employees can communicate the HIIPP verbally.
2. Monitoring and Assessment: Employers must regularly monitor workplace temperatures to identify when heat index thresholds of 80°F (“initial heat trigger”) and 90°F (“high heat trigger”) are met or exceeded. This monitoring is essential for the timely implementation of protective measures.
3. Preventive Measures: Upon reaching the initial heat trigger, employers are obligated to:
- Provide accessible, cool drinking water.
- Offer rest breaks in shaded or air-conditioned areas.
- Encourage and allow workers to take preventive cool-down rests as needed.
At the high heat trigger, additional measures include:
- Implementing a buddy system or direct supervision to monitor for signs of heat-related illness.
- Increasing the frequency and duration of rest breaks.
- Enhancing communication and emergency response protocols.
4. Training and Education: Employers must provide annual training to all employees and supervisors on:
- Recognizing signs and symptoms of heat-related illnesses.
- Understanding personal risk factors, such as medical conditions or use of certain medications.
- Implementing first-aid procedures and emergency response actions.
- The importance of hydration, rest breaks, and acclimatization.
Training should be provided in a language and manner understandable to all employees.
5. Recordkeeping and Reporting: Employers are required to:
- Maintain records of heat-related incidents, including illnesses and near-misses.
- Keep temperature and heat index monitoring data for a minimum of six months.
- Conduct regular evaluations of the HIIPP’s effectiveness, especially after incidents, and update the plan as necessary.
Legal and Implementation Considerations
The proposed rule was published in the Federal Register on August 30, 2024, initiating a public comment period. OSHA extended the deadline for submitting comments to January 14, 2025, to provide stakeholders more time to review the proposed rule and gather relevant information and data for their input. Following the comment period, OSHA has scheduled an informal public hearing to begin on June 16, 2025. Individuals who wish to provide oral testimony, documentary evidence, or question witnesses at the hearing must submit a Notice of Intention to Appear (NOITA) on or before May 2, 2025.
Following the comment period, OSHA has scheduled an informal public hearing to begin on June 16, 2025.
The rule’s future may be influenced by political changes, legal challenges, and shifts in administrative priorities. Employers are advised to stay informed about developments and begin preparing for compliance by assessing current heat-related safety practices and developing or updating their HIIPPs accordingly.
You can find the proposed rule by clicking here.
Heat Stress Regulation Support
OSHA’s proposed heat stress regulation represents a significant advancement in protecting workers from heat-related hazards. By proactively implementing comprehensive plans and preventive measures, employers can create safer work environments, reduce the incidence of heat-related illnesses, and ensure compliance with forthcoming federal standards.
If you have any questions or require consultation on heat stress regulations, contact Cardinal Compliance Consultants.