Employers need to take action to protect workers from heat illnesses and injuries as temperatures begin to rise nationwide – not just because it’s the right thing to do, but because federal workplace safety officials are finalizing a stringent new heat rule that would considerably raise the stakes for employers. The Occupational Safety and Health Administration (OSHA) just advanced one step closer to publishing a permanent standard that would address hazards stemming from heat hazards, sending a clear message to businesses from coast to coast.
10 Steps Employers Should Take to Protect Workers this Summer as Feds Prepare to Finalize Heat Rule
Fisher Phillips | May 2024
Department of Labor takes critical step in heat safety rulemaking
OSHA | May 2024
Proposed Rule on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings
Workers need protection from the heat both outdoors and indoors, and the Occupational Safety and Health Administration (OSHA) has announced a proposed rule outlining how to protect them. While some proposed requirements are clear, questions remain for HR professionals about how some of the proposal’s provisions, such as its acclimatization protocols, will be implemented.
The proposed rule “is consistent with what employers have been doing,” said Bill Principe, an attorney with Constangy, Brooks, Smith & Prophete in Atlanta. He said the main provision of the proposal that may be new to employers is its specific acclimatization provisions for new employees and employees who have been away from work for more than 14 days.
The rule also includes requirements at an initial heat trigger (heat index of at least 80 degrees Fahrenheit) and high heat trigger (heat index of at least 90 degrees Fahrenheit).
Employers must develop and implement a written heat injury and illness prevention plan (HIIPP) if they have more than 10 employees, said Ashley Meredith Strittmatter, an attorney with Baker Donelson in Knoxville, Tenn.
“Employers must review and evaluate the effectiveness of their HIIPP at least annually or whenever a heat-related illness or injury results in death, days away from work, medical treatment beyond first aid, or loss of consciousness,” she said.
Proposed OSHA Rule Focuses on Heat Triggers, Acclimatization Protocols
SHRM | Jul 2024
OSHA Proposes Standard to Shield Workers from Heat
SHRM | Jul 2024
Read the Proposed Rule
Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Rulemaking
OSHA
Fact Sheet: President Biden Announces New Actions to Protect Workers and Communities from Extreme Weather
White House | Jul 2024
Resources and Tools
Heat Illness Prevention Campaign
Heat Illness Prevention Publications
OSHA
Heat Safety Tool App
OSHA - NIOSH
Hazards to Outdoor Workers
Heat Stress Prevention
Keep Your Cool in Hot Weather!
CDC/NIOSH
Excessive Heat Awareness and Safety
Heat Safety Tips and Resources
National Weather Service
Articles
OSHA Takes Steps to Implement Rules Concerning Heat Illness Prevention
Ogletree | Apr 2024
Heat Warning: Summer and OSHA Both Could Scorch Less-Than-Careful Employers in 2024
Click the link (under “attachments”) for a PDF version.
Greenberg Traurig | Apr 2024
Keeping Employees Safe Amid Rising Temperatures through Education and Training
OH&S | Apr 2024
OSHA Is Not Backing Down — Employers Must Address Risks of Extreme Heat
Jones Walker | Aug 2023
Employer Summer Prep Should Include Reviewing Your Heat Illness Prevention Plan
Jackson Lewis | Jun 2023
No Fun in the Summertime: Employer Obligations for Preventing Employee Heat Stress
Venable | Jun 2023
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