Update: September 5, 2024
Join the SBA’s Roundtable on OSHA’s Proposed Heat Injury and Illness Prevention Rule
OSHA’s proposed Heat Injury and Illness Prevention rule was published in the Federal Register on Friday, August 30, 2024, with a 120-day public comment period ending on December 30, 2024. Bruce E. Lundegren, Assistant Chief Counsel at the U.S. Small Business Administration’s Office of Advocacy, will discuss the proposed rule at the next Small Business Labor Safety roundtable, scheduled for Friday, September 20, 2024, at 10:00 a.m. (EST). If you would like to attend, please email Bruce to be added to the list.
The Occupational Safety and Health Administration (OSHA) is proposing a new standard titled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” applicable to all sectors under OSHA’s jurisdiction. This initiative addresses a significant occupational hazard, particularly affecting workers in agriculture, construction, and other high-exposure industries, and would require employers to create a plan to evaluate and control heat hazards in their workplace. Here’s what you need to know about this proposal, its status, and the next steps.
Heat Illness Prevention in Outdoor and Indoor Work Settings (RIN # 1218-AD39)
Summary of the Proposed Rule
Heat is a major weather-related killer, leading to conditions like heat stroke and exacerbating health issues such as asthma, kidney failure, and heart disease. The risk is especially high for workers in agriculture and construction, but heat affects all workers exposed to it, including those in indoor environments without air conditioning. It is also notable that jobs with high heat exposure are often held by Black and Brown workers.
Between 1992 and 2017, heat stress killed 815 U.S. workers and seriously injured over 70,000 more. These numbers are likely underestimated due to underreporting and misclassification of heat-related injuries and illnesses. While several states and the U.S. military have issued heat protections, OSHA currently uses a general rule to protect workers. A specific standard would clarify the necessary measures for employers to protect workers from heat.
Background and Development
Public Citizen petitioned OSHA for a heat stress standard in 2011, and again in both 2018 and 2019. Some senators have also urged OSHA to create a rule. Recently, members of both the House and Senate, along with several state Attorneys General, have requested OSHA issue an emergency standard for heat stress.
OSHA has been actively discussing this issue with various stakeholders. They published an early notice in October 2021 to start discussions and held a public meeting in May 2022. OSHA also formed a workgroup to help create recommendations for the new standard, which were submitted in May 2023.
In August 2023, OSHA gathered input from small businesses and continued consultations through November 2023. They presented their proposed rule framework to a construction safety advisory committee in April 2024, which recommended moving forward with the rule. In May 2024, OSHA also held a session with tribal representatives for their input.
Next Steps
OSHA has announced that a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings has been issued. Once the rule is officially published in the Federal Register, the following steps will take place:
- Public Comment Period: There will be a public comment period of 120 days where stakeholders, including businesses, workers, and the public, can provide feedback on the proposed rule. Comments must be submitted electronically at regulations.gov, identified by Docket No. OSHA–2021–0009.
- Review and Revision: OSHA will review the comments and may revise the proposed rule based on the feedback received.
- Final Rule Publication: After considering the comments and making necessary revisions, OSHA will publish the final rule.
- Implementation: Once the final rule is published, employers will be required to comply with the new heat illness prevention standards.
- Enforcement: OSHA will enforce the new standards, ensuring employers are protecting their workers from heat-related hazards.
ABMA is closely monitoring this proposed rule and will be prepared to submit comments as necessary once the rule is published. We will keep our members updated on any developments. Sign up for our weekly newsletter, the Advocate to stay informed. For a comprehensive overview of employer requirements, along with summaries and links to comments from the rulemaking process, download ABMA’s OSHA Heat Injury Fact Sheet. Additional information is also available on OSHA’s Heat Exposure Rule-making page.
