OSHA Proposes Nationwide Workplace Heat Safety Standard — Occupational Health & Safety

OSHA Proposes Nationwide Workplace Heat Safety Standard

OSHA has proposed a nationwide workplace heat safety standard to reduce heat-related injuries and illnesses by requiring employers to implement comprehensive heat safety measures for indoor and outdoor workers.

• By Susan F. Wiltsie, Elizabeth England
• Sep 13, 2024

On July 2, 2024, OSHA released its long-awaited proposed rule to prevent heat-related injuries and illnesses in the workplace. OSHA initiated the rulemaking process in October 2021 as part of its ongoing heat-related illness prevention initiative.

The proposed rule applies to most employers under OSHA’s jurisdiction and covers work in both indoor and outdoor settings, with exclusions for short-term exposure (15 minutes or less per hour), indoor sedentary work activities, indoor sites (including vehicles) kept below 80 degrees Fahrenheit, remote work and emergency response activities. The rule borrows from standards set by state occupational safety and health agencies, such as Cal/OSHA, which already impose heat safety measures on employers in their states.

The proposed rule requires employers to develop a Heat Injury and Illness Prevention Plan (HIIPP) to evaluate and control heat hazards in the workplace. As part of the HIIPP, employers will have to designate a heat safety coordinator and develop a heat emergency response plan with the involvement of non-managerial employees and their representatives.

Employers also would be required to monitor heat conditions at indoor and outdoor work areas. For indoor work sites, this includes implementing a monitoring plan covering work areas where employees are likely to be exposed to a heat index of 80 degrees Fahrenheit and above. Records of indoor monitoring data must be maintained for at least 6 months.

For outdoor work areas, employers can monitor heat conditions by tracking local heat index forecasts provided by the National Weather Service or other reputable sources or measuring the heat index as closely as possible to the work area and with “sufficient frequency” to determine with reasonable accuracy employees’ exposure to heat.

Employers must seek the input of non-managerial employees and their representatives when evaluating the work site to identify indoor exposure areas and when developing and updating outdoor monitoring plans. 

The proposed rule requires employers to implement specific measures to mitigate heat-related risks to employees when the temperature reaches an Initial Heat Trigger (a heat index of 80 degrees Fahrenheit), including the following:

• Readily accessible cool drinking water (at least one quart of water per employee per hour)
• Break areas at outdoor work sites with cooling measures, such as an air-conditioned enclosed space, artificial shade (e.g., tent or pavilion) or natural shade (e.g., trees), but shade from equipment is not sufficient
• Break areas at indoor work sites with air conditioning or increased air movement
• Controls for indoor working areas (such as air conditioning or fans)
• Paid rest breaks if needed to prevent overheating
• Regular and effective two-way communication.