OSHA Looks to Keep Workers Cool

Kollman & Saucier
Kollman & Saucier
07/11/2024

For those located in the Mid-Atlantic region suffering through the current heat wave, the Occupational Safety and Health Administration’s (OSHA) proposed rule designed to protect workers from extreme heat may seem perfectly timed.

OSHA is a regulatory agency of the U.S. Department of Labor (DOL). OSHA is tasked with ensuring safe working conditions for private sector employees. The federal agency sets and enforces standards, provides training and education, and assists state OSHA programs.

Working in high temperatures can lead to dehydration, heat exhaustion, and in more serious cases, heat stroke and even death. But the temperature doesn’t need to be shockingly high for there to be an increased risk of heat-related illness. Physical labor increases a person’s internal body temperature. Extra clothing and equipment can also increase risk.

Excessive “heat is the leading cause of weather-related deaths in the U.S.” The Bureau of Labor Statistics reports 36 heat-related worker deaths in 2021, down from 56 in 2020.

OSHA’s proposed rule comes on the heels of its’ National Emphasis Program (NEP) on heat safety. The NEP went into effect in April 2022, but it acts only as a guidance—it is not legally enforceable. Since the NEP’s launch, OSHA has conducted more than 5,000 heat-related inspections. OSHA plans to prioritize future NEP inspections in agricultural industries that employ seasonal, nonimmigrant H-2A workers because of an increased risk of heat-related illness.

The proposed rule is more robust than the NEP. It would require employers to develop a Heat Injury and Illness Prevention Plan. Employers will be required to frequently monitor heat conditions in employees’ work areas.

When heat has reached the threshold of becoming dangerous to workers, employers will be required to provide protections to mitigate the risk of heat-related illness. For example, the rule requires employers to provide access to one quart of suitably cool drinking water per employee, per hour and a shaded or air-conditioned break area.

The rule also outlines a gradual acclimatization process for new and returning employees that are not used to working in extreme heat. As part of emergency plans, employers will be required to provide training on early recognizing and treatment of heat-related illness.

OSHA has submitted the proposed rule for publication in the Federal Register. Once published, the rule will be open for the public to submit comments. OSHA anticipates a public hearing after the close of the public comment period.

If your employees are working in high-heat conditions, it is good practice to heed the NEP’s advice: “water, rest, shade.” Provide employees plenty of cool drinking water. The Centers for Disease Control and Prevention (CDC) recommends one cup of water (eight ounces) every 15-20 minutes for workers exposed to extreme heat.

Allow employees to take frequent breaks (at least 15 minutes every two hours) in shaded or air-conditioned areas. Give new and returning employees one to two weeks to acclimatize to the heat.

Remember that the air temperature outside does not tell the whole story. Multiple factors play into an individual’s risk of heat-related illness. OSHA provides more detailed guidance on dangerous heat on its website here.

Written by Christina Charikofsky. Christina is a summer associate at Kollman & Saucier and a rising third-year student at the University of Baltimore School of Law.

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