OSHA Proposes Heat Injury and Illness Prevention Standard

The U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) recently announced an unofficial version of the proposed standard to protect workers from heat injury and illness. If finalized, the new standard would apply to all employers conducting indoor and outdoor work in all general industry, construction, maritime and agricultural sectors where OSHA has jurisdiction, subject to limited exceptions. According to OSHA, the proposed rule would apply to approximately 36 million workers.

Background

The U.S. Bureau of Labor Statistics reported that almost 500 workers died from heat exposure in the United States from 2011-22, along with nearly 34,000 estimated work-related heat injuries and illnesses resulting in days away from work. If finalized, the proposed rule would be the first federal regulation specifically focused on protecting workers from extreme heat. The official version of the proposed rule will soon be published in the Federal Register.

Employer Obligations

The unofficial version of the proposed rule includes a number of safeguards employers would be required to implement. For example, the proposed standard includes requirements for:

• Identifying heat hazards
• Developing heat illness and emergency response plans
• Providing training to employees and supervisors
• Implementing work practice standards, including rest breaks, access to shade and water, and heat acclimatization for new employees

Next Steps for Employers

Once published, the proposed rule will undergo a 120-day comment period and subsequent review before it is finalized. If finalized, employers must comply with its requirements within 150 days of publication. Therefore, if the rule is finalized, employers will not be subject to its requirements until 2025. Employers may take steps now to prepare to comply with the standard. However, the proposed standard is likely to face pushback, so employers should monitor for updates and potential legal challenges.