EMPLOYMENT LAW NEWS
The Heat Is On: Department of Labor Proposes Rule to Protect Millions of Workers from Extreme Heat
The U.S. Department of Labor’s OSHA has proposed a new rule that aims to protect over 35 million outdoor and indoor workers from the “significant health risks of extreme heat.”
New Protections for Workers in a New Era of Heat
Last year was the hottest year in recorded history. That probably comes as no surprise considering we’ve lived through the 10 hottest years on record over the last decade. What makes 2023 (and 2024, for that matter) so special is that each month in the last year has been the hottest ever measured.
Unfortunately, these soaring global temperatures have hit both employers and employees where it hurts, as heat-related injuries and fatalities in workplaces have continued to rise across the nation.
In response, the U.S. Department of Labor’s OSHA has proposed a new rule that aims to protect over 35 million outdoor and indoor workers from the “significant health risks of extreme heat.” The rule faces an uphill battle, though, as climate change and politics have become increasingly intertwined in the United States, even in an age where heat-related deaths have increased by nearly 1,000 percent in certain areas of the country.
President Joe Biden announces the Department of Labor’s new heat standards on July 27, 2023. (AP News)
The rule, if implemented, would have a profound and immediate effect on many businesses. Employers in the agriculture, construction, warehousing, and service industries would be especially impacted by the new requirements.
So, what exactly does this mean for employers, and by extension their employees in the coming months? And what are the chances this new rule actually goes the distance?
Keep Informed
with GovDocs Employment Law News
A History of Heat Protections in the United States
Although the Occupational Safety and Health Administration (OSHA) requires employers to provide employees with a place of employment that is “free from recognized hazards that are causing or likely to cause death or serious harm to employees,” there are no specific protections related to heat.
That all could change very soon.
…Or maybe not, because it’s hard to ignore the fact that there have been numerous efforts to introduce nationwide heat protections for workers over the years, none of which have come to fruition. Not to mention the fact that there is an election approaching that could completely derail OSHA’s proposed heat protection rule, a product of the Biden-Harris Administration and largely dependent on a Democratic win in the Executive Branch in November.
Opponents, especially those with large, outdoor workforces, have historically argued that these protections place an unnecessary burden on employers, potentially stifling business across the country. Many believe that worker protections should be decided on by employers, largely on a case-by-case basis, effectively stalling all efforts to safeguard employees on a national level.
What About Heat Protections at the State Level?
The same scenario has played out in most states, where the issue of heat protection has also been increasingly politicized. Florida Governor Ron DeSantis even went as far as to ban cities and counties from developing their own heat protection plans for workers in the notoriously hot and humid state.
There are only five states with heat protection standards as of 2024. Those states are Minnesota, Oregon, California, Colorado, and Washington.
In fact, there are only five states with heat protection standards as of 2024. Those states are Minnesota, Oregon, California, Colorado, and Washington. And although there are similar bills currently pending in several states, including Texas and Maryland, none have yet passed, leaving many proponents hoping that the stars align for OSHA’s proposed heat standards.
Who’s Protected by OSHA’s New Rule? And from What Type of Heat?
In addition to requiring employers to develop a plan to identify both indoor and outdoor heat hazards, the proposed rule would protect workers from heat at two temperature thresholds (humidity is factored into these values), each of which has its own requirements for employers to follow.
At 80 degrees Fahrenheit, employers must provide employees with:
- Cool drinking water
- Break areas with cooling measures
- Indoor work area controls
- Acclimatization protocols for new and returning unacclimatized employees
- Paid rest breaks if needed to prevent overheating
- Regular and effective two-way communication
At 90 degrees Fahrenheit, employers must provide employees with:
- Mandatory rest breaks of 15 minutes or at least every two hours (unpaid meal break may count as a rest break)
- Observation for signs and symptoms of heat-related illness
- A hazard alert to remind employees of key parts of the HIIPP
- Warning signs at indoor work areas with ambient temperatures that regularly exceed 120°F
These rules apply to all “general industry, construction, maritime, and agriculture sectors” with outdoor or indoor workers.
It’s also important to note that employees who are considered “sedentary” are not subject to the above requirements.
What Can Employers Expect Moving Forward?
It goes without saying that these requirements, if implemented, could pose a significant compliance challenge for many employers. This is especially true for employers with states whose temperatures regularly hit or exceed temperatures of 80 or 90 degrees.
The future of these proposed federal heat protections will largely depend on both political and environmental factors that are uncertain at best. In the meantime, consider developing or revising your current heat illness prevention programs or brushing up on the OSHA heat inspection process, especially if you’re in an industry with high-risk work environments.
What we do know is that the future of these proposed federal heat protections will largely depend on both political and environmental factors that are uncertain at best. In the meantime, consider developing or revising your current heat illness prevention programs or brushing up on the OSHA heat inspection process, especially if you’re in an industry with high-risk work environments.
As always, GovDocs will inform customers of all mandatory compliance posting updates, including any new heat standards at the federal, state, and local levels. We will also ship updated posters to affected locations as part of our update service, trusted by over 35 percent of companies on the Fortune 500.
This Employment Law News blog is intended for market awareness only, it is not to be used for legal advice or counsel.
What is GovDocs?
GovDocs simplifies employment law compliance for large, multi-jurisdiction employers in the U.S. and Canada. The GovDocs software platform integrates three solutions in one convenient place to help you master the employment laws impacting your business. Whether you manage labor law postings, minimum wage or paid leave program, our products cut through research time, provide proactive insights into the everchanging landscape of employment laws and reduce the risk of noncompliance. The company is headquartered in Eagan, Minn.
The GovDocs Poster Store simplifies posting compliance for employers with less than 30 locations across all industries, offering a variety of posting products to meet your labor law compliance needs.
