On August 30, 2024, the Occupational Safety and Health Administration (OSHA) published a Notice of Proposed Rulemaking (NPRM) aimed at protecting workers from heat hazards. This proposal targets industries where workers are at high risk for heat-related illnesses and fatalities, such as construction, agriculture, warehousing, and delivery services. OSHA’s initiative comes in response to the increasing number of heat-related incidents across the country, exacerbated by rising global temperatures.
States Impacted by the Proposed Rule
The proposed rule will impact states that operate under federal OSHA jurisdiction and will serve as a minimum standard for states with their own State Plans (OSHA-approved state safety programs). This includes states like North Carolina, South Carolina, Texas, and Florida, where federal OSHA rules apply directly. However, the 22 states and territories with State Plans, including California, Oregon, and Washington, will need to ensure that their standards meet or exceed the federal rule. Some State OSHA plans already feature strong heat safety laws, so the new federal standards may require only minor adjustments.
Key Components of the Proposed Rule
The NPRM outlines several key provisions to protect workers exposed to high heat:
- Heat Illness Prevention Plan (HIPP): Employers must implement a written plan detailing how they will monitor and mitigate heat hazards. This includes providing cool water, shaded or air-conditioned rest areas, and adjusting workloads during high-heat conditions.
- Temperature Thresholds: The rule introduces heat index triggers—when the heat index exceeds 80°F, employers must provide water, rest breaks, and shaded areas. When the heat index reaches 90°F, additional protections such as more frequent breaks and mandatory monitoring for heat-related illnesses kick in.
- Acclimatization: Employers must establish procedures to acclimatize new workers or those returning after more than a 14-day absence to prevent heat-related illnesses, which often occur in the first days of heat exposure.
- Training Requirements: Supervisors and workers will be required to undergo training to recognize the signs of heat-related illnesses and how to respond in an emergency.
As extreme heat becomes an increasingly pressing issue, five U.S. states have enacted occupational heat standards to protect workers from heat-related illnesses, with five more actively pursuing legislation or rulemaking efforts.
States with Established Heat Standards
- California: With the most comprehensive laws, California’s Cal/OSHA standards (Title 8, section 3395) mandate that employers provide water, shade, and rest breaks when temperatures exceed 80°F. When temperatures hit 95°F, additional measures such as high-heat procedures must be implemented.
- Colorado: Passed in 2021, Colorado’s law primarily protects agricultural workers but applies to both indoor and outdoor environments when temperatures reach 80°F.
- Minnesota: Minnesota’s rule 5205.0110, subpart 2a, is one of the oldest, focuses on indoor environments, with acceptable indoor temperatures ranging from 77°F to 86°F based on the intensity of the workload.
- Oregon: Oregon adopted permanent heat standards in 2021; Rule 437-002-0156 requires employers to implement safety measures once the heat index reaches 80°F. At 90°F, workers must be given increased water breaks and shade access.
- Washington: Washington State has both agricultural and general industry heat rules (WAC 296-62-095) that kick in at 80°F and ramp up protections as temperatures rise.
States with Pending Legislation or Rulemaking
- New York: New York’s heat safety legislation is in the rulemaking process, with Bill S1604C focusing on protections for outdoor workers, particularly in agriculture and construction.
- New Jersey: Bill S2422 in New Jersey would require employers to implement safety measures once the heat index reaches 90°F for outdoor workers and 87°F for indoor workers.
- Massachusetts: Bill S1219 would create heat protection laws that focus on mandatory rest periods and hydration for workers exposed to high temperatures.
- Maryland: Maryland has developed a heat illness prevention safety standard, following guidelines from existing state models.
Penalties for Non-Compliance
Failure to comply with the proposed federal heat safety rules could lead to substantial penalties. Fines for violating OSHA standards can range from $7,000 to $14,000 per violation, with higher fines for repeat or willful violations. In cases of severe non-compliance leading to worker injuries or deaths, penalties can be significantly higher.
OSHA’s proposed rule aims to standardize heat protection across the U.S. and protect millions of workers from one of the leading causes of weather-related workplace injuries and fatalities. Employers in states without their own heat safety laws will soon need to adopt these measures if the rule is finalized, expected by late 2024 or early 2025.
How Construction Software Can Help
For companies navigating the increasing complexity of heat-related safety regulations, construction safety documentation software like Corfix can be a crucial tool:
Compliance Tracking: Corfix helps companies automatically track compliance with state and federal heat safety requirements by logging rest breaks and employee acclimatization schedules. Pre-shift meetings covering heat advisories and procedures will be signed off on and electronically stored to prove compliance.
Smart Forms with Alerts: Corfix forms allow you to flag specific fields depending on answers; the software can trigger alerts for supervisors when conditions exceed safety thresholds, ensuring prompt action.
Document Storage: Detailed training records, heat illness prevention plans, and incident reports can be securely stored and easily retrieved during audits or inspections.
This proactive use of technology allows construction companies to mitigate risks, avoid fines, and maintain worker safety in increasingly harsh working conditions.