On August 30, the federal Occupational Safety and Health Administration issued its long-anticipated proposed regulation requiring affected employers to plan for and address heat exposure risks in the workplace. The proposed rule is very similar to earlier drafts released by OSHA, and covers a wide range of indoor and outdoor work activities.

The rule’s safety precautions are triggered at worksites that do not have environmental controls, when the heat index reaches 80 degrees Fahrenheit, or when the wet-bulb globe temperature reaches levels established by OSHA’s research arm. The wet-bulb measurement uses temperature, humidity, and other weather parameters. Employers have the option of using either measurement. If employers with 10 or more workers anticipate employee exposure to temperatures above these levels, they must create a written heat injury and illness prevention plan (HIIPP). The plan must include a number of elements intended to address heat stress, including a comprehensive assessment of such risks in that particular workplace, provision of drinking water, and breaks for rest and cooling. Employers are required to provide 15-minute paid rest breaks every two hours for employees who work in hot environments.

The rule requires employers to train supervisors to monitor signs of possible employee heat stress. The company must have an emergency response plan in place, and the plan must be updated as working conditions change, or in response to actual employee illnesses or injuries. New workers must be acclimatized to hot work environments during the initial term of employment. Employers also must involve non-managerial workers in the development of these plans.

While many if not most affected employers provide some type of heat risk management, the proposed OSHA rule would require formal plans, and subject companies to citations if the plans do not include the specific elements contained in the new measure. For some companies in the Southeast, the heat triggers could be in place for the majority of the year. The new rule is likely to result in legal claims challenging OSHA’s ability to regulate natural climate conditions, among other grounds. OSHA is accepting comments through December 30, with the final rule expected sometime next year, unless the election results in a withdrawal of the proposal.

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