Maryland: Heat Stress Regulation in Effect
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APPLIES TO All Employers with Employees in MD |
EFFECTIVE September 30, 2024 |
QUESTIONS? Contact HR On-Call |
Quick Look
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Discussion:
Effective September 30, 2024, Maryland employers have obligations to protect indoor and outdoor employees against heat hazards. Enforced by the Maryland Occupational Safety and Health Division (MOSH) of Labor and Industry, the final regulation applies to virtually all employers with employees whose employment activities, indoor or outdoor, expose employees to a heat index in the area where the employee is working that equals or exceeds 80° F. The general requirements are summarized below.
Monitoring. Employers must monitor the heat index throughout the work shift in areas where employees perform work by: (1) directly measuring the temperature and humidity; (2) use of local weather data reported by the National Weather Service or other recognized source; or (3) use of the National Institute for Occupational Safety and Health’s Heat Safety Tool application.
Heat Illness Prevention and Management Plan. Employers must develop, implement, maintain, and distribute to all employees a heat-related illness prevention and management plan in writing. The plan must include:
- How sufficient amounts of drinking water will be provided;
- How employees will be provided sufficient opportunities and encouragement to stay hydrated by drinking water;
- How to recognize the symptoms of heat-related illness, including heat exhaustion and heat stroke;
- How to respond to suspected heat-related illness, including heat exhaustion and heat stroke;
- How employees will be provided with sufficient time and space to rest in shaded or cool, climate-controlled areas to cool off;
- How the employer will implement rest break schedules as necessary;
- How the employer will consider environmental conditions, workload, required clothing, personal protective equipment, and alternative cooling and control measures when determining rest break schedules;
- How employees will be encouraged to take rest breaks as needed to prevent heat-related illness;
- How employees will be trained on the hazards of heat exposure and the necessary steps to prevent heat-related illness;
- The use and maintenance of alternative cooling and control measures to manage heat;
- Procedures for heat acclimatization;
- Procedures for high-heat conditions; and
- The emergency response plan.
Acclimatization. When an employee is newly exposed to heat or returns to work after 7 or more consecutive days of absence from the workplace, employers must create an acclimatization schedule with gradual exposure to heat of a period of up to 14 days. The acclimatization plan must be in writing.
Access to Shade. Employers must provide shaded areas to exposed employees as close to the work area as practicable. The final regulation provides details on the specific requirements.
Access to Water. Employers must provide drinking water at no cost to exposed employees as close to work areas as practicable.
High Heat Procedures. When the heat index reaches 90° F, employers must have separate high heat procedures that include a work and rest schedule to protect employees from heat-related illness that is adjusted for environmental conditions, workload, and impact of required clothing or personal protective equipment.
Emergency Response. An employer’s emergency response plan must include procedures for: (1) ensuring effective and accessible means of communication at all times at the worksite to enable an employee to contact a supervisor or emergency medical services; (2) responding to signs and symptoms of possible heat-related illness in employees; (3) monitoring and providing care to employees who are exhibiting symptoms of heat-related illness; and (4) contacting emergency medical services and, if necessary, transporting employees to a location accessible to emergency medical services.
Training. Employers must train and retrain employees prior to their first exposure to heat and then annually thereafter. Training must cover work and environmental conditions that affect heat-related illness, personal risk factors, acclimatization, the importance of frequent consumption of water and rest breaks, signs and symptoms of heat-related illness, emergency response measures, notifying the employer of signs and symptoms of heat-related illness, and the heat-related illness prevention and management plan.
Exceptions. The requirements do not apply to: (1) emergency operations and essential services that involve protecting life or property; (2) incidental exposures when an employee is not required to perform work activities for more than 15 consecutive minutes per hour; and (3) buildings, structures, and vehicles that have a mechanical ventilation system or fan that maintains the heat index below 80° F.
Action Items
- Review the final regulation here.
- Determine how to monitor heat index in applicable work areas.
- Develop heat illness prevention and management plan and emergency response plan.
- Provide potable water and access to shade.
- Have appropriate personnel trained on the requirements.
Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2024 ManagEase