The Occupational Safety and Health Administration (OSHA) has published its heat standard for indoor and outdoor settings (“proposed final rule”) in the Federal Register making the proposed final rule open for public comment. The final rule is being implemented to prevent or reduce heat-related injuries, illnesses, and fatalities. The proposed final rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. Among other things, the plan would require employers to evaluate heat risks and when heat increases risks to workers implement requirements for drinking water, rest breaks, and control of indoor heat. It would also require a plan to protect new or returning workers unaccustomed to working in high-heat conditions.
OSHA encourages the public to participate by submitting comments on the proposed standard. Comments on the proposed final rule must be submitted by December 30, 2024.
Next Steps
In the interim of the proposed rule being finalized, covered employers should be mindful that they are bound by OSHA’s General Duty Clause. As a result, it remains prudent to have procedures in place to ensure that they are monitoring outdoor and/or indoor temperatures, ensuring employees are: (1) educated on signs of heat illness and what to do when they suspect a heat-related illness is occurring, (2) have access to shade and water, (3) provided with adequate breaks to cool down, and (4) provided access to ventilation or cooling areas in their workplace. Employers are also encouraged to visit OSHA’s webpage for information including prevention measures for those working in outdoor and indoor heat environments.
Multistate employers should also be mindful of state laws, such as California, that may similarly require heat prevention plans to be implemented.
Employers may submit comments and attachments, identified by Docket No. OSHA-2021-0009, electronically at https://www.regulations.gov.
HR Works will continue to monitor this topic and provide updates as they become available.
