August 21, 2024

Worker Heat Protections Continue to Make Waves

Over the last year, many states have proposed or passed legislation surrounding worker heat protections, an issue that has gained more attention as climate change continues to impact working conditions.

In the last month, more states and the Federal government have proposed additional heat protections.

The U.S. Department of Labor proposed rules to protect indoor and outdoor workers from extreme heat hazards. The rule aims to address health risks, such as heat stroke and death, associated with excessive workplace heat.

Heat is the leading cause of weather-related deaths in the U.S. and impacts workers across many industries. The proposed rule requires employers to develop a Heat Injury and Illness Prevention Plan (HIPP) for managing heat risks. This plan includes provision for drinking water, rest breaks, and heat control measures, training, and immediate response procedures for heat-related illnesses.

Public comments on the proposed rule will be invited once it is published in the Federal Register.

The California Office of Administrative Law (OAL) approved their new indoor heat worker protections on July 23rd, which apply to most indoor workplaces, such as restaurants, warehouses, and manufacturing facilities.

The rules require employers to provide water, rest, cool-down areas, and training. When temperatures reach 87°F, employers must implement work-rest schedules and provide personal heat protective equipment, where feasible.

This temperature is knocked down to 82°F when workers wear clothing that restricts heat removal or if they work in high radiant heat areas.

And finally, the Maryland Department of Labor proposed a draft rule for Occupational Heat Stress Illness Prevention Standards, which is open for a 30-day public comment period.

The proposed rules would go into effect when the heat index reaches 80°F and would require:

  • Mandatory cooled and shaded breaks
  • Access to at least 32 ounces of water per hour
  • Access to shade or alternate cooling measures
  • Supervision for symptoms of heat related illness

At 90°F, additional 10-minute breaks would be required every two hours worked. At 100°F, workers would receive a 15-minute break every hour.

The rules also specify training requirements for these standards, as well as various other concerns.

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