OSHA Introduces Proposed Standard to Protect Workers from Extreme Heat

October 1, 2024|Heat Stress, Safety

OSHA is requesting comments on all aspects of the proposed rule by Dec. 30

Based on information available at http://www.osha.gov.

The Occupational Safety and Health Administration (OSHA) rolled out a proposed new standard in late August, 2024, titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.¹ This follows an advance notice of proposed rulemaking (ANPRM) published by the agency in the Federal Register in October, 2021.

The standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction, with some exceptions. It would be a programmatic standard that would require employers to create a plan to evaluate and control heat hazards in their workplace. It would more clearly set forth employer obligations and the measures necessary to effectively protect employees from hazardous heat.

WHY A STANDARD?

Heat is the leading cause of death among all weather-related phenomena in the United States. Excessive heat in the workplace can cause a number of adverse health effects, including heat stroke and even death, if not treated properly. Yet, there is currently no Federal OSHA standard that regulates heat stress hazards in the workplace. Although several governmental and non-governmental organizations have published regulations and guidance to help protect workers from heat hazards, OSHA believes that a mandatory Federal standard specific to heat-related injury and illness prevention is necessary to address the hazards posed by occupational heat exposure. OSHA has preliminarily determined that this proposed rule would substantially reduce the risk posed by occupational exposure to hazardous heat by clearly setting forth employer obligations and the measures necessary to effectively protect exposed workers.

While the general population may be able to avoid and limit prolonged heat exposure, workers across a wide range of indoor and outdoor settings often are required to work through shifts with prolonged heat exposure. Some workplaces have heat generation from industrial processes and expose workers to sources of radiant heat, such as ovens and furnaces. Additionally, employers may not take adequate steps to protect their employees from exposure to hazardous heat (e.g., not providing rest breaks in cool areas). Many work operations also require the use of personal protective equipment (PPE) that can reduce the worker’s heat tolerance because it can decrease the body’s ability to cool down. Workers may also be pressured to continue working despite high heat exposure.

Occupational heat exposure affects millions of workers in the United States. Each year, thousands of workers experience heat-related injuries and illnesses, and some of these cases result in fatalities.

OSHA has relied on the General Duty Clause of the OSH Act as well as enforcement emphasis programs and hazard alerts and other guidance, to protect workers and inform employers of their legal obligations. However, the agency believes a standard specific to heat-related injury and illness prevention would more clearly set forth enforceable employer obligations and the measures necessary to effectively protect employees from hazardous heat.

THE DATA

According to the Bureau of Labor Statistics, there were 436 work-related deaths caused by environmental heat exposure between 2011 and 2021.² The standard cites the BLS Annual Survey of Occupational Injuries and Illnesses (SOII) estimates 33,890 work-related heat injuries and illnesses involving days away from work from 2011-2020, which is an average of 3,389 injuries and illnesses occurring each year during this period (BLS, 2023b). The data may represent a significant undercounting of heat-related injuries and illnesses for a variety of reasons, including fear of retaliation, the variable nature of heat-related symptoms and the fact that heat may be a contributing rather than primary factor in fatality for those with certain existing medical conditions.

OSHA’s investigations of reported heat-related fatalities point to many gaps in employee protections. OSHA has identified the following circumstances in its review of 211 heat-related fatality investigations from 2017-2022:³

Employees left alone by employers after symptoms started
Employers:
- Not providing adequate medical attention to employees with symptoms
- Preventing employees from taking rest breaks
- Not providing water on-site, shade or cooling measure on-site
- Not having programs to acclimatize employees to hot work environments

OSHA has relied on multiple mechanisms to protect employees from hazardous heat; however, the agency says its efforts to prevent the aforementioned circumstances have been met with challenges without a heat-specific standard.

EMPLOYERS MUST HAVE A PLAN

The proposed standard includes provisions for the development and implementation of a work site heat injury and illness prevention plan (HIIPP), as well as requirements regarding what would need to be in the plan. According to the standard, an “HIIPP, including comprehensive policies and procedures, is necessary to ensure that all affected employees, including exposed workers, supervisors, and heat safety coordinators, understand where heat hazards exist at the workplace and the workplace-specific measures that must be utilized to address those hazards.”

A comprehensive HIIPP would be required for each worksite, defined as a physical location (fixed or mobile) where the employer’s work or operations are performed. If an employer has multiple work sites that are substantially similar, the HIIPP may be developed by work site type rather than by individual work sites so long as any site-specific information is included in the plan.

The HIIPP must include a comprehensive list of the types of work activities covered by the plan. For example, a landscaping company could indicate that all employees conducting outdoor work at or above the initial heat trigger for at least 15 minutes in any 60-minute period (e.g., lawn care workers, gardeners, stonemasons, and general laborers) would be covered by the HIIPP. From the standard:

“OSHA understands that a HIIPP must be adaptable to the physical characteristics of the work site and the job tasks performed by employees, as well as the hazards identified by the employer when designing their HIIPP.”

In cases where employees wear vapor-impermeable clothing (also called vapor barrier clothing), employers must evaluate heat stress hazards resulting from this clothing and implement policies and procedures based on reputable sources to protect employees while wearing these clothing.

There’s more. Much more. The complete proposed standard is available at: https://tinyurl.com/4xyer8bk

HOW TO SUBMIT COMMENTS

OSHA encourages public participation in the rulemaking process as it will help the agency develop a final rule that adequately protects workers, is feasible for employers and is based on the best available evidence. OSHA is requesting comments on all aspects of the proposed rule. Comments must be submitted by December 30, 2024. You may submit comments and attachments, identified by Docket No. OSHA-2021-0009, electronically at www.regulations.gov, which is the Federal e-Rulemaking Portal. Follow the instructions online for making electronic submissions. WMHS