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President Joe Biden announced a new rule proposed by The Occupational Safety and Health Administration (OSHA) Tuesday, that would require employers to offer protections for workers against excessive heat.
The rule proposes protections against heat illnesses and heat-related deaths for approximately 36 million indoor and outdoor workers across the US.
It comes amid heat advisories and record temperatures across America. Earlier in June, 70 million Americans – roughly one-fifth of the population – were living under heat alerts.
This week alone, over 45 million Americans will experience temperature highs at or above 100 degrees.
The US Department of Labor (DOL) released a statement announcing the proposed rule, arguing it will drastically reduce the number of heat injuries, illnesses, and deaths in the workplace.
Heat is the number one cause of weather-related deaths in America.
“Every worker should come home safe and healthy at the end of the day, which is why the Biden-Harris administration is taking this significant step to protect workers from the dangers posed by extreme heat,” said Julie Su, Acting Secretary of Labor.
The rule has been in the works for over two years as public health and employee safety advocates push for better protections for workers, with only five states – California, Colorado, Oregon, Minnesota, and Washington – offering some form of state-wide legislation protecting workers from heat exposure hazards.
What does HR need to know about OSHA’s proposed rule?
If the new rule is finalized, it would mean changes in how employers manage heat hazards in workplaces where temperatures reach extremes.
OSHA’s rule currently includes to thresholds which employees across the US would need to comply with. At 80 degrees, employers would be required to have drinking water and areas for workers to rest that are either shaded or have air conditioning. Companies would also need to ‘acclimatize’ new workers and staff returning from vacation or leave to the high temperatures by initially limiting and gradually increasing their working hours.
At 90 degrees, as well as the above requirements, the rule would mandate employers to provide a mandatory 15-minute rest break every two hours.
Companies would also have to monitor for heat illness symptoms through a buddy system, a supervisor or heat safety coordinator, or another form of effective two-way communication.
The rule would further require employers to issue a hazard alert to employees before each shift, reminding them to drink water, take breaks, and seek help when needed.
More broadly, employers would need to provide training and have clear procedures in place for workers to understand the signs of heat-related illnesses, and to take action if a colleague was showing symptoms of a heat emergency.
It’s worth noting that before the rule is finalized, however, it will face significant opposition from lobbyists and industry groups that argue the protections are an unnecessary burden on businesses, as well as the possibility of a second Donald Trump term.
The Construction Industry Safety Coalition, for example, wrote a letter to OSHA last week, asking for the rule to be absented, or for a specific rule for the construction industry to be created as it is “simply too distinct from other general industries.”
The proposal is also subject to further change, and the DOL has encouraged people to submit written comments on the rule once published in the Federal Register, with a public hearing also likely.
But although it will be several months before any form of the rule is finalized, many have pushed employers to offer better protections as temperatures soar.
Why is Biden proposing a new heat protection rule?
“The purpose of this rule is simple,” a White House administration official stated on Tuesday. “It is to significantly reduce the number of worker-related deaths, injuries, and illnesses suffered by workers who are exposed to excessive heat ... while simply doing their jobs.”
Average annual heat-related deaths grew 95% in the US from 2010 to 2022, according to data from the Centers for Disease Control and Prevention (CDC).
More recent CDC data reveals that the death certificates of over 2,300 people who died in the US last summer reference the effects of excessive heat, the highest number in 45 years.
The DOL adds in its statement that workers of color have a higher likelihood of working in jobs with hazardous heat exposure.
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While the number of heat-related workplace fatalities is lower – there were 43 such deaths in 2022, up from an average of 32 from 1992 to 2019 – experts argue the true numbers are higher due to underreporting.
Moreover, the DOL says many of the deaths could be avoided. “Every year, dozens of workers die and thousands more suffer illnesses related to hazardous heat exposure that, sadly, are most often preventable.”
Doug Parker, Assistant Secretary for Occupational Safety and Health, said: “Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them.”
Until any such rule is finalized, the DOL encourages employers to consult OSHA’s general duty clause and other “applicable” regulations.
OSHA recommends five preventative measures employers should commit to, to protect workers from heat-related hazards.
