Twelve things to know about OSHA’s proposed heat rule

Back in early July, OSHA released an unofficial version of a Notice of Proposed Rulemaking (NPRM) for a federal Indoor and Outdoor Heat Illness Prevention Rule. After an unusually long delay, apparently related to the rule’s length and formatting of numerous tables and graphs, the official version was published on August 30. Here are 11 things you need to know:

1. The rule, which was published in the August 30, 2024 Federal Register, does not have any substantive changes from the version that was revealed in July.
2. There is a 120-day comment period, which would end on December 30, 2024. It’s expected that there may be a short extension because of the holiday season. Comments can be submitted here.
3. The rule will cover anyone working outdoors or indoors in general industry, construction, maritime, and agricultural sectors where OSHA has jurisdiction. State Plans must be at least as effective in protecting workers and in preventing work-related injuries, illnesses, and deaths. It will not cover people who telework, those who perform work with no reasonable expectation of exposure to a heat index at or above 80°F (indoors or outdoors), those whose work is performed in indoor work areas or vehicles where air conditioning consistently keeps the temperature below 80°F, people doing emergency response work as defined in the standard, those doing indoor sedentary activities, such as sitting at a desk, and workers who may be exposed to a heat index at or above 80°F for a short time (15 minutes or less in any 60-minute period).
4. Employers will be required to develop and implement comprehensive, site-specific written Heat Injury and Illness Prevention Plans (HIIPP), which must be made available in a language each employee, supervisor, and Heat Safety Coordinator can understand.

Employers with more than 10 employees would be required to have written plans, and all employers would need to designate one or more Heat Safety Coordinators. The HIIPP must be reviewed and evaluated at least annually, and whenever a heat-related illness occurs that requires medical treatment beyond first aid. Non-supervisory employees (and their representatives) must be involved in the development, implementation, review, and updates of the HIIPP.

5. Employer requirements would go into effect with the “initial heat trigger,” when the National Weather Service heat index in the work area reaches 80° F or the wet bulb globe temperature is “equal to the NIOSH Recommended Alert Limit.” Requirements include monitoring employees for heat stress, identifying heat hazards, providing potable drinking water (1 quart per employee per hour) and rest breaks in shaded or air-conditioned areas, indoor work area controls, acclimatization, effective two-way communication between employer and employees, and maintenance of personal protective equipment for heat.
6. Additional requirements, known as the “high heat trigger,” would go into effect when the heat index reaches 90° F or the WBGT is equal to NIOSH’s Recommended Alert Limit. Those requirements include mandatory minimum 15-minute paid rest breaks for employees every two hours and observing employees for signs and symptoms of heat-related illness, through either a buddy system in which co-workers monitor one other or observation by a supervisor or Heat Safety Coordinator (with no more than 20 employees observed per supervisor or Heat Safety Coordinator), and two-way communication for lone workers. Hazard alerts to employees on the importance of drinking water, taking rest breaks, and following lifesaving emergency procedures are required.
7. The proposed rule would require employers to follow acclimatization procedures for the first week of work for all new employees, as well as returning employees who have been away from work for more than 14 days. It offers two options for acclimatization: implementing a plan that, at minimum, includes incorporating the high-heat requirements at the initial heat trigger or following a schedule that gradually increases exposure to heat over time.
8. At indoor work sites, employers will be required to conduct special Heat-Related Hazard Assessmentsto identify work areas where there is a reasonable expectation employees may be exposed to heat and develop, implement, and monitor a protection plan. Engineering controls, such as increased air movement (e.g., fans or comparable natural ventilation), and de-humidification and air-conditioned work areas, and measures that effectively reduce employee exposure to the radiant heat sources will be required. Employers would also have to place warning signs by indoor work areas where ambient temperatures regularly exceed 120° F.
9. Employers should allow for and encourage employees to take paid rest breaks.
10. Employers must develop procedures, including immediate actions, for responding to an employee experiencing a heat emergency or showing signs of heat illness.
11. Employers must implement comprehensive and recurring heat illness-related training, including initial, annual, and supplement training in specific scenarios, such as if a heat injury or illness occurs at the worksite, in a language and at a literacy level each employee understands, and with the opportunity for questions and answers about the training materials.
12. The fate of the final standard is uncertain. Legal challenges are expected. Recent Supreme Court decisions have changed the landscape of administrative law and the presidential election could affect its adoption.