With the goal of protecting workers from the health risks of extreme heat, on July 2, the DOL released a proposed rule.
DOL notes that heat is the leading cause of weather-related deaths in the U.S. The administration says that if finalized, the proposed rule would help protect approximately 36 million workers in indoor and outdoor work settings and substantially reduce heat injuries, illnesses and deaths in the workplace.
The proposed rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. Among other things, the plan would require employers to evaluate heat risks and — when heat increases risks to workers — implement requirements for drinking water, rest breaks and control of indoor heat. It would also require a plan to protect new or returning workers unaccustomed to working in high heat conditions.
“Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them,” said Assistant Secretary for Occupational Safety and Health Doug Parker, in a statement. “Today’s proposal is an important next step in the process to receive public input to craft a ‘win-win’ final rule that protects workers while being practical and workable for employers.”
Employers would also be required to provide training, have procedures to respond if a worker is experiencing signs and symptoms of a heat-related illness, and take immediate action to help a worker experiencing signs and symptoms of a heat emergency.
The proposed rule was lauded by the National Council for Occupational Safety and Health. "Through our Fired Up! Workers for Heat Justice campaign and the efforts of our local COSH groups and allies, we have long advocated for an OSHA heat standard. We are motivated and encouraged by the latest news from OSHA, as it signifies a vital advancement in worker safety," said Jessica Martinez, co-executive director of National COSH, in a statement.
"Extreme heat poses serious risks, including heat exhaustion, heat stroke, and fatalities, affecting both outdoor and indoor environments. As climate change raises global temperatures, comprehensive heat protection standards are increasingly urgent."
Marcy Goldstein-Gelb, co-executive director of National COSH, noted that the rule emphasized preventative measures such as access to water, rest breaks, and shaded or cooled areas." It also mandates training for workers and supervisors to recognize and respond to heat-related illnesses," she said. "Heat-related illnesses are preventable, and no worker should endure unsafe conditions. This rule provides a clear framework for promoting a culture of safety and responsibility."
In the interim, OSHA continues to direct significant existing outreach and enforcement resources to educate employers and workers and hold businesses accountable for violations of the Occupational Safety and Health Act’s general duty clause, 29 U.S.C. § 654(a)(1) and other applicable regulations. Record-breaking temperatures across the nation have increased the risks people face on-the-job, especially in summer months. Every year, dozens of workers die and thousands more suffer illnesses related to hazardous heat exposure that, sadly, are most often preventable.
The agency continues to conduct heat-related inspections under its National Emphasis Program – Outdoor and Indoor Heat-Related Hazards, launched in 2022. The program inspects workplaces with the highest exposures to heat-related hazards proactively to prevent workers from suffering injury, illness or death needlessly. Since the launch, OSHA has conducted more than 5,000 federal heat-related inspections.
In addition, the agency is prioritizing programmed inspections in agricultural industries that employ temporary, nonimmigrant H-2A workers for seasonal labor. These workers face unique vulnerabilities, including potential language barriers, less control over their living and working conditions, and possible lack of acclimatization, and are at high risk of hazardous heat exposure.