The US Occupational Safety and Health Administration (OSHA) is preparing to introduce a proposed regulation aimed at protecting approximately 36 million workers from heat-related stress, both indoors and outdoors. This initiative follows the recent heat dome event that brought extremely high temperatures across various states at the end of June. The proposal is set to appear on the Federal Register’s Public Inspection desk today.
OSHA has been developing this national heat stress standard since 2021, in response to record-breaking summers. The proposed regulation will require employers to take specific actions when the heat index reaches certain thresholds. For instance, at a heat index of 80 degrees Fahrenheit, employers would be required to provide each worker with at least one quart of cool water per hour and ensure access to cool break areas. More stringent measures would be mandated if the heat index hits 90 degrees or higher, including implementing acclimatization programs for new or returning employees to gradually adjust to the heat.
The White House’s Office of Information and Regulatory Affairs (OIRA) commenced its review of the proposed rule on June 11, a process that involves consulting with various interest groups and conducting a thorough analysis. As of July 1, OIRA had conducted four meetings with stakeholders, including the National Association of Manufacturers and North America’s Building Trades Unions, with more consultations scheduled.
Once published in the Federal Register, the proposal will undergo a public comment period and further review before finalization, a process expected to extend into 2025. The current general duty clause under the Occupational Safety and Health Act, which mandates employers provide hazard-free workplaces, has proven insufficient in recent court cases where judges ruled against OSHA due to the lack of clearly established heat hazard protocols.
For more details, visit the original article on Bloomberg Law.