OSHA Proposed Heat Standard

Severe weather can pose significant threats to human life, and certain conditions, like extreme heat, require proper preparation and management in the workplace. Unfortunately, heat is the leading cause of death among all hazardous weather conditions in the United States. In fact, 2024 broke heat records, with more than 25% of the global population experiencing 30 or more days of risky heat. To help combat the injuries and even deaths incurred in the workplace from extreme heat, OSHA has proposed a standard, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, which is published in the Federal Register and open to public comments.

Heat in the Workplace

497 workers in the United States died from exposure to environmental heat from 2011-2022. Furthermore, there were an estimated 33,890 work-related injuries and illnesses that resulted in days away from work during that same period. It should be noted, however, that OSHA believes these statistics to be vast underestimates.

Heat exposure, of course, isn’t of equal concern to all workplaces, as outdoor and even indoor work settings without adequate climate controls are at risk. Hazardous heat can also result from certain heat-generating processes, machinery equipment (furnaces, for example) when paired with a lack of cooling measures. Furthermore, certain groups are more likely to experience adverse health effects from heat, such as pregnant workers, and others are disproportionately exposed to hazardous levels of heat.

Existing OSHA Heat Standards

Currently, there are regulations and standards in place at the federal level to protect workers from heat. National Institute for Occupational Safety and Health (NIOSH) has published Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments. Under the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970, employers are required to provide their employees with a place of employment that “is free from recognized hazards that are causing or likely to cause death or serious harm to employees.” This can include heat-related hazards that are likely to cause death or serious bodily harm.

There are also OSHA-approved State plans. For instance, Washington state has their own Outdoor Heat Exposure Rule.

OSHA Heat Standard

On August 30, 2024, OSHA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. This proposed heat standard would require employers to evaluate and control heat hazards in their workplace, clearly setting forth employer obligations and measures necessary to protect employees from hazardous heat.

While several governmental and non-governmental organizations have published regulations and guidance to help protect workers from heat hazards, this would be the first mandatory Federal standard that regulates heat stress hazards in the workplace. It would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction, with some exceptions.

OSHA Heat Standard Public Comment Period

The Proposed Rule can be read here: Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.

OSHA encourages the public to submit comments to the Heat Injury and Illness prevention rulemaking docket. The comment period is open until December 30, 2024.