In keeping with the accelerated pace to get as many regulations issued as possible before the November elections, the Occupational Safety and Health Administration (OSHA) has released its much anticipated proposed heat illness prevention rule. Before a rule can become final and effective, agencies are required to follow a protocol which includes first issuing a proposed version of the rule so the public can understand the direction that the agency is moving and how it would like to structure a final rule. OSHA is now at the proposal stage for its new regulation addressing prevention and response to heat illness, which increases during the summer months.
One important aspect of the proposed rule is that it addresses both indoor and outdoor heat exposure. According to OSHA, heat is the leading cause of weather-related deaths in the United States. Excessive workplace heat can lead to heat stroke and even death.
The proposed rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. A written plan will be required for all employers with more than 10 employees.
The plan would require employers to evaluate heat risks and monitor the workplace when heat increases risks to workers. Measures based on heat triggers will have to be implemented such as access to drinking water, rest breaks, and controls for indoor heat. It would also require a plan to protect new or returning workers unaccustomed to working in high heat conditions.
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.
Who Will the Rule Apply To?
The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry and this includes all printing operations, installers, suppliers, delivery drivers, etc. The proposed rule excludes short-duration employee exposure to heat which is defined as being exposed to either of the heat triggers for 15 minutes or less in any 60-minute period. Additionally, the proposed rules do not apply these to “sedentary” employees, those in indoor job sites kept below 80 degrees, and remote workers.
Heat Triggers and Requirements
The proposed rule includes two specific thresholds or “heat triggers” that detail when specific actions need to be taken. Employer requirements under the “initial heat trigger,” would go into effect when the heat index in the work area reaches 80° F or the wet bulb globe temperature (WBGT) is “equal to the NIOSH Recommended Alert Limit.”
Those requirements include:
- Monitoring employees for heat stress
- Identifying heat hazards
- Providing water (1 quart per employee per hour) and rest break areas
- Indoor work area controls [increased air movement, such as fans or comparable natural ventilation, and, if appropriate, de-humidification, air-conditioned work area, or in cases of radiant heat sources, other measures that effectively reduce employee exposure to radiant heat in the work area (e.g., shielding/barriers, isolating heat sources)
- Acclimatization
- Hazard alerts
- Maintenance of personal protective equipment for heat
The “high heat trigger,” would go into effect when the heat index reaches 90° F or the WBGT is equal to NIOSH’s Recommended Exposure Limit. Those requirements are in addition to those under the initial heat trigger and include:
- A minimum 15-minute paid rest break for employees every two hours.
- Observing employees for signs and symptoms of heat illness using:
- A buddy system in which co-workers monitor one other.
- Observation by a supervisor or heat safety coordinator – “with no more than 20 employees observed per supervisor or heat safety coordinator.”
- Two-way communication for lone workers.
Employers would also have to place warning signs by indoor work areas where the “ambient temperatures” regularly exceed 120° F.
Recordkeeping and Reporting
Employers will need to:
- Maintain Indoor Monitoring Data: Maintain written or electronic records of indoor monitoring data for at least six months.
- Create Incident Reporting Processes: Maintain detailed records of heat-related incidents, including illnesses and near-misses. This data should be used to review and improve heat safety practices.
- Conduct Regular Audits: Deploy regular audits of heat safety measures and your overall compliance with the new standards. These audits will help identify areas for improvement and ensure ongoing adherence to the regulations.
Heat Safety Training
Training must be provided to employees and supervisors about the dangers of heat-related illnesses, the symptoms, and the importance of preventive measures. It should include recognizing early signs of heat stress, appropriate first-aid responses, and what to do in an emergency.
Annual refresher training will be required for supervisors, heat safety coordinators, and employees, as well as supplemental training after changes in exposure to heat hazards, company policies and procedures, or the occurrence of the heat injury or illness.
National Emphasis Program (NEP) On Heat Illnesses and Injuries
Due to the increasing summer temperatures, this proposed rule is just one of the methods that OSHA is using to address heat safety. OSHA already has an ongoing National Emphasis Program (NEP) related to heat illnesses and injuries for both outdoor and indoor workers and has already conducted approximately 5,000 federal heat-related inspections under this program and OSHA is targeting workplaces where heat-related injuries or illnesses are prevalent during high heat conditions. This includes outdoor workspaces in a local area experiencing a heat wave or indoor workspaces near indoor radiant heat sources. The heat NEP is effective through April 2025.
Heat Standards in Specific States
Many U.S. states run their own OSHA-approved State Plans. Some states have adopted standards that cover hazards not addressed by federal OSHA standards. The following states have standards for heat exposure:
- California. California's Heat Illness Prevention Standard requires employers to provide training, water, shade, and planning. A temperature of 80°F triggers the requirements. See CalOSHA's website. See the full text of the California heat standard.
- Colorado. See full text of Colorado's Agricultural Labor Conditions Rules for heat.
- Minnesota. The standard applies to indoor places of employment. See the full text of the regulation.
- Oregon. See Oregon's Heat illness prevention website. See full text of the regulation for General Occupational Safety and Health (which also applies to construction and forest activities), as well as Agriculture.
- Washington. See Washington State's Outdoor Heat Exposure Rule.
Next Steps
There will be some time before a regulation becomes final. It may take up to two years before a final regulation is issued, assuming there is no legal challenge. In the interim, a good first step would be to conduct a hazard analysis of all your employees with job duties or positions that could involve exposure to the heat trigger levels in both indoor and outdoor workspaces. Because of the NEP, if there are employees in either of the heat trigger areas, the steps outlined in the regulation should be implemented such as training, providing water, allowing rest breaks, etc. Many workplaces have already taken steps to address heat illness prevention, but this proposal is a good reminder to review the current practice. If you are in a state OSHA plan location, review your heat illness prevention program plan against any state plan requirements.
In this article, Gary Jones, Vice President of EHS Affairs, PRINTING United Alliance, addresses OSHA compliance. More information about OSHA can be found at Business Excellence-EHS Affairs or reach out to Gary at gjones@printing.org or Sara Osorio at sosorio@printing.org should you have additional questions specific to how these issues may affect your business.
To become a member of the Alliance and learn more about how our subject matter experts can assist your company with services and resources such as those mentioned in this article, please contact the Alliance membership team: 888-385-3588 / membership@printing.org.