The Department of Labor has unveiled a proposed rule aimed at safeguarding millions of indoor and outdoor workers in the U.S. from extreme heat. This new regulation requires employers to establish a Heat Injury and Illness Prevention Plan to manage and mitigate heat-related hazards in the workplace.
Key elements of the proposed rule include the need for employers to assess heat risks and implement measures such as providing drinking water, rest breaks, and controlling indoor temperatures. The rule also mandates specific plans for workers who are not accustomed to working in high heat.
Once published in the Federal Register, the public will have the opportunity to submit written comments on the proposed rule. OSHA has indicated that a public hearing will follow the comment period to further discuss the rule.
Since April 2022, OSHA has had a National Emphasis Program focused on heat safety. However, the proposed rule would create enforceable guidelines, replacing general recommendations like “water, rest, shade.” In April, the OSHA Advisory Committee on Construction Safety and Health unanimously urged the agency to proceed quickly with the rulemaking process.
Under the new rule, companies must monitor environmental conditions to determine if high heat poses a hazard, using measures such as the heat index or wet bulb globe temperature. When temperatures reach these high heat thresholds, employers must provide protections, such as at least one quart of cool, potable drinking water per hour for each employee.
Additionally, the rule outlines requirements for rest breaks in shaded or air-conditioned areas, specifying guidelines for both indoor and outdoor work environments. It also includes provisions for personal protective equipment, defines appropriate break times, and sets acclimatization requirements for workers new to high heat conditions.
Douglas Parker, assistant secretary for occupational safety and health, emphasized the urgent need for these protections. He highlighted the dangers workers face from heat exposure, including heat stroke and death, underscoring that the proposal is a crucial step towards creating a practical and effective rule that benefits both workers and employers.
The National Council for Occupational Safety and Health has praised the proposal, calling it a “critical step” in protecting workers as climate change leads to hotter temperatures nationwide. Marcy Goldstein-Gelb, co-executive director of National COSH, noted that the rule provides a clear framework for promoting safety and responsibility in the workplace.
In conclusion, the Department of Labor’s proposed rule marks a significant advancement in protecting workers from the dangers of extreme heat. By requiring comprehensive heat injury and illness prevention plans, the rule aims to create safer working conditions and reduce the risk of heat-related illnesses and fatalities. Public input will be essential in shaping the final rule to ensure it is both effective and feasible for employers.
