Maryland joined the growing list of states adopting a heat stress standard to protect workers from heat illness. Other states with similar regulations in place include California, Minnesota, Oregon, and Washington while Nevada is in the final stages of adopting its own. The state’s adoption of an official heat standard comes as the federal government announced the public comment period for a potential nationwide standard in late August.
Maryland’s heat standard went into effect September 30, 2024. It will cover all Maryland employers with indoor and outdoor workspaces.
The standard applies if the worker performs work activities for more than 15 consecutive minutes per hour when the National Weather Service "Heat Index" is at or above 800F in the work area. The standard also has a high heat condition that triggers additional requirements at 900F or more. The heat index takes into account the relative humidity as well as the actual air temperature.
The rule requires employers to take several measures including the following requirements:
- A Written Heat-Related Illness Prevention and Management Plan that requires the employer to monitor the heat, and that describes in detail how the plan will be implemented. The plan must be provided to employees.
- Training - Initial training for employees and supervisors is required and retraining annually and when there’s a heat illness incident. The training must be conducted in a language and manner that all employees and supervisors can understand.
- Acclimatization - The employer must have an acclimatization program when an employee is newly exposed to heat in the workplace or when an employee returns to work after 7 or more consecutive days of absence from the workplace.
- Emergency Response Procedures - there must be some process and form of communication enabling an employee to contact a supervisor or emergency medical services.
The Occupational Safety and Health Administration reports that 50-70% of outdoor heat-related fatalities occur within the first few days of working in a warm or hot environment when the body hasn’t had time to adjust.
Preventative Requirements Based on Heat Index Levels
When the heat index exceeds 800F, employers with employees exposed to the heat for more than 15 minutes out of a 60-minute period, must take the following actions:
- Provide Water - The employer must provide at least 32 ounces of drinking water per hour at no cost to the employee
- Shade - The employer must provide shaded areas to exposed employees as close to the work area as practicable.
- Rest - The employer must encourage workers to take rest breaks as needed to prevent heat-related illness.
The written program must describe how the employer will consider environmental conditions, workload, required clothing, personal protective equipment, and alternative cooling and control measures when determining rest break schedules.
There are also high heat procedures that must be followed when the heat index exceeds 900F or more:
- When the heat index exceeds 900F, workers must have ten minutes of cooled rest, taken in the AC or shade, for every two hours worth of work.
- At a 1000F heat index, that rest period increases to fifteen minutes for every hour worked.
- When high heat procedures are in place, employers must monitor for heat sickness via phone or radio, the buddy system, or other alternative means.
An employer may be exempt from providing rest breaks if alternative cooling and control measures are implemented. These can include engineering, work-practice, administrative, or other controls to manage heat, such as job rotation, mechanical ventilation systems, misting equipment, cooling vests, air-cooled or water-cooled garments, and access to recreational water.
The Maryland Occupational Safety and Health (MOSH) officials will take part in outreach efforts over the coming months to raise awareness among employers and workers about the standard and the dangers of heat. They are also planning on running targeted education and outreach campaigns to help employers learn about the new regulations.
In this article, Gary Jones, Vice President of EHS Affairs, PRINTING United Alliance, addresses Maryland's heat illness and prevention regulation. More information 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.
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