OSHA Proposes New Heat Safety Rule: 4 Steps to Take Now

The Occupational Safety and Health Administration (OSHA) has issued a proposed heat safety rule that aims to protect workers from extreme heat as persistent heat waves bring record-breaking temperatures across the U.S.

The rule, if finalized, would establish the first-ever national heat safety standard. Here’s what you need to know about the proposed regulation – and steps you can take now to protect workers from extreme heat this summer.

Heat Safety: What’s In the Proposed Standard?

The proposed national heat safety standard would:

• With limited exceptions, apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction
• Require employers to create a plan to evaluate and control heat hazards in their workplace, and
• Clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat.

Specifically, the proposed heat safety rule would require employers to:

• Develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat
• Evaluate heat risks and — when heat increases risks to workers — implement requirements for drinking water, rest breaks and control of indoor heat
• Develop a plan to protect new or returning workers unaccustomed to working in high heat conditions
• Provide heat safety training to workers
• Develop and implement procedures to respond if a worker experiences signs and symptoms of a heat-related illness, and
• Take immediate action to help a worker experiencing signs and symptoms of a heat emergency.

“Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them,” Assistant Secretary for Occupational Safety and Health Douglas L. Parker said in a press release. “Today’s proposal is an important next step in the process to receive public input to craft a ‘win-win’ final rule that protects workers while being practical and workable for employers.”

In response to the proposed heat rule, the Kitchen Cabinet Manufacturers Association recently held a webinar on the proposed rule, which featured Manesh K. Rath, a partner at Keller & Heckman LLP, who specializes in occupational safety and health laws.

What Happens Next?

As part of the rulemaking process, OSHA will publish the proposed rule in the Federal Register. Afterward, the public will be able to submit comments for 120 days, which the agency will then use to develop a final rule.

That’s assuming all goes according to plan. But a recent Supreme Court ruling could block the proposed rule.

In Loper Bright Enterprises v. Raimondo, the Court overruled Chevron and decided that courts are to use their own independent judgment when interpreting federal statutes. The bottom line: The Court’s ruling will make it easier for critics to challenge OSHA’s proposed rule.

So we’re going to have to wait and see how this all pans out.

How to Protect Employees Now

In the meantime, many workers across the U.S. are being exposed to extreme heat – which can be fatal.

Case in point: In April, OSHA determined a worker died of heatstroke on his first day at work because a farm labor contractor did not do enough to protect its employees from heat-related hazards. The agency cited the contractor for exposing workers to high heat in direct sunlight and proposed $27,665 in penalties.

Hopefully, you never find yourself in a similar situation. Here are four steps employers can take to help protect workers from heat safety hazards:

1. Stress the importance of hydration to prevent dehydration. Provide water – and perhaps even incentivize water breaks!
2. Schedule regular rest breaks. Provide shaded areas to help workers cool down.
3. Provide adequate ventilation. A properly functioning HVAC or misters and fans can help protect workers from heat-related illnesses.
4. Educate employees to recognize the symptoms of heatstroke and other heat-related illnesses. Provide training on how to help workers cool down if they are exhibiting signs of heatstroke or other heat-related illnesses.