OSHA Publishes Proposed Rule for Indoor and Outdoor Heat Illness Prevention
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APPLIES TO All Employers Subject to OSHA |
EFFECTIVE Pending |
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Discussion:
On August 30, 2024, the Occupational Safety and Health Administration (OSHA) published a Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. An initial preview of the proposed rule as provided to the Office of the Federal Register was issued in July. The now-published proposed rule contains much of the requirements initially seen in July but has extensive research regarding the health effects of various heat illnesses on workers and their effects on particular industries and specific parts of the country. A summary of the proposed requirements is below.
Applicability. The proposed rule would apply to all employers subject to OSHA’s jurisdiction and includes general industries as well as those employers in construction, maritime, and agriculture. It applies to both indoor and outdoor work. Telework activities conducted at an employee’s home are excluded.
Heat Triggers. The initial heat trigger is a heat index of 80° F which requires a specific set of controls and obligations. A high heat trigger is a heat index of 90° F requiring additional controls.
Heat Injury and Illness Prevention Plan. The proposed rule requires the development and implementation of a work site heat injury and illness prevention plan (HIIPP). It must be in writing for employers with 10 or more employees. A work site is a physical location where the employer’s work or operations are performed. A HIIPP is required for each work site but if there are work sites that are substantially similar, then the HIIPP can be developed by work site type.
The HIIPP must include: (1) a list of the types of work activities covered; (2) policies and procedures required to comply with the final rule; (3) identification of the heat metric used to monitor heat conditions; (4) how to evaluate heat stress hazards from clothing that is vapor-impermeable; (5) designation of one or more heat safety coordinators to implement and monitor the HIIPP; (6) input and involvement of non-managerial employees and their representatives; (7) and review of the effectiveness of the HIIPP whenever a heat-related illness or injury occurs. The HIIPP must be available at the work site to all employees and in a language each employee, supervisor, and heat safety coordinator understands.
Identifying Heat Hazards. Employers with outdoor work sites must monitor heat conditions at outdoor work areas by tracking local heat index forecasts or measuring the heat metric of their choosing. Employers must also review indoor work sites to identify work areas where there is a reasonable expectation that employees are or may be exposed to heat at or above the initial heat trigger and implement a plan for monitoring these areas to determine when exposures above the initial and high heat triggers occur, using the heat metric of their choosing. Employers would be required to develop a monitoring plan that covers each work area they identified in the prior step. Employers need to involve non-managerial employees in the determination of which work areas have a reasonable expectation of exposing employees to heat at or above the initial heat trigger and to develop and update the monitoring plan.
Requirements at or Above the Initial Heat Trigger. Exposures at or above the initial heat trigger, a heat index of 80° F, would require the employer to provide the following protections: (1) access to suitably cool, potable water that is placed in locations readily accessible to employees (with optional electrolyte supplemental packets); (2) provide one or more employee break areas at outdoor work sites that can accommodate the number of employees on break, is readily accessible to the work area(s) and has either shade or air-conditioning if in an enclosed space; (3) at indoor work sites, the break area(s) must be air-conditioned or have a combination of increased air movement and, if appropriate, de-humidification; (4) indoor work areas would be required to be equipped with a combination of increased air movement and, if appropriate, de-humidification; (5) when ambient temperatures exceed 102 °F, employers using fans to comply with indoor heat controls would be required to evaluate the humidity levels at the work site and discontinue the use of fans if the employer determines that fan use is harmful; (6) employers implement one of two options for an acclimatization protocol for new and returning employees during their first week on the job; (7) allow and encourage employees to take paid rest breaks if needed to prevent overheating; (8) maintain effective, two-way communication with employees and regularly communicate with employees; and (9) maintain the cooling properties of cooling PPE if provided to employees.
Requirements at or Above the High Heat Trigger. Exposures at or above the high heat trigger, a heat index of 90° F would require the employer to provide the following protections in addition to those required at the initial heat trigger: (1) a minimum of a 15-minute rest break every two hours; (2) observing employees for signs and symptoms of heat-related illness including, but not limited to headache, nausea, weakness, dizziness, elevated body temperature, muscle cramps, and muscle pain or spasms; (3) issue a hazard alert to employees prior to a work shift or when employees are exposed to heat at or above the high heat trigger; (4) place warning signs at indoor work areas with ambient temperatures that regularly exceed 120 °F; (5) develop and implement a heat emergency response plan as part of the HIIPP; and (6) train employees on heat-related illness prevention.
Recordkeeping. Retain on-site temperature measurements for a minimum of six months. This applies to indoor work areas only because employers cannot accurately rely on weather forecasting to predict and monitor temperatures in these areas like they can for outdoor work areas.
The effective date for the proposed rule is yet to be determined. OSHA has proposed an effective date of 60 days after the date of publication of the final rule in the Federal Register. Until then, OSHA is soliciting comments until December 30, 2024.
Action Items
- Review the proposed rule here.
- Provide comments on proposed rule here.
- Review current heat safety procedures for potential updates.
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