OSHA’s Proposed Rule Aims to Set Heat Standards for Worker Protection

Excessive heat in the workplace can cause numerous adverse health effects, including heat stroke and death. With temperatures rising yearly, more workers are at risk of hazardous heat exposure. Under a recently proposed standard from OSHA, employers would be required to create plans to evaluate and control heat hazards in the workplace, further protecting employees.

“The goal of this proposed ruling is to prevent and reduce heat-related illnesses and deaths by creating the first federal heat standard,” said Kevin O’Sadnick, Senior Risk Control Manager at Safety National. “Employers should have appropriate safety measures in place to protect employees from heat hazards, but this would further those protections by requiring water, rest breaks, and indoor heat controls.”

Before OSHA’s public comment period for the rule begins, employers should be aware of its potential impact and the best practices they can implement now to prepare for a possible federal heat standard.

Evolving OSHA Guidelines

In 2022, OSHA launched its National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards, conducting heat-related inspections in workplaces with the highest exposures to heat-related hazards. With over 5,000 federal inspections under its belt, OSHA continues to proactively address leading heat-related concerns, prioritizing agricultural industries that employ temporary, nonimmigrant H-2A workers for seasonal labor due to increased vulnerabilities.

That NEP was the first step toward federally regulated heat protections for employees. In the last 15 years, OSHA has received three petitions to implement a federal heat standard, but the arduous legislative process has delayed any real progress until now. This rule would clarify employer expectations by creating necessary steps to plan and prevent heat-related injury and death. As part of this rule, employers would be obligated to:

• Develop a heat hazard injury and illness prevention plan
• Evaluate heat risks and implement water, rest breaks, and indoor heat controls
• Train new or returning workers unaccustomed to high heat conditions
• Implement procedures for responding to workers experiencing symptoms of heat-related illness, including immediate action for those in an emergency

Addressing Potential Heat-Related Presumptions

Five states, including Colorado, California, Minnesota, Oregon, and Washington, already have heat injury and prevention regulations. A bill proposed in California earlier this year (S.B. 1299) would enforce a presumption of compensability for heat-related injury claims if an agricultural employer has not complied with Cal/OSHA’s outdoor heat prevention standard. The California Workers’ Compensation Institute (CWCI) reviewed this presumption last month, finding that evidence for its necessity was lacking and would only create significant administrative friction costs.

Based on CWCI’s analysis, there have been very few claims involving heat-related illnesses, likely a measure of success for Cal/OSHA’s Outdoor Heat Illness Prevention Standard.

Preventing Dehydration in Employees

The most effective way to mitigate on-the-job heat-related injury is to prevent dehydration in employees. Employees should be trained to recognize warning signs of dehydration and understand how to prevent it. Implementing these workplace standards can help employers stay ahead of potential federal heat standards while keeping employees safe.

• Monitor weather reports and schedule work during the coolest parts of the day. Routine maintenance and repairs should be scheduled during cooler seasons to avoid high heat exposure.
• Require hydration breaks every hour. When performing strenuous activity in the heat, offer workers at least one cup of water every 15 minutes, or approximately one liter per hour. Water is generally sufficient for hydration, as long as regular meals are included to replenish electrolytes.
• Educate the workforce on the signs of heat cramps and heat exhaustion. If both go unattended, they could progress to heatstroke, which can be fatal. Employees should be reminded of the symptoms and remain vigilant for themselves and their co-workers. Symptoms of heat exhaustion may include rapid heartbeat, heavy sweating, extreme weakness or fatigue, dizziness and nausea. Heat cramps may include muscle cramps, pain or spasms in the abdomen, arms or legs.
• Consider using cooling vests or water-dampened suits with fans. Fans promote evaporation, one of the most efficient methods for lowering the temperature. Workers with water-dampened PPE need a dousing station to re-dampen their clothing.