Maryland’s New Heat Stress Standards: What Employers Need to Know

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Back in 2020, the Maryland General Assembly enacted a law that required the State Commissioner of Labor and Industry to develop regulations (by October 1, 2022) to protect workers from heat stress. Rather delayed, the Maryland Department of Labor finally issued the heat stress regulations (or standards) on September 20, 2024, effective only 10 days later, on September 30, 2024. These standards, which are quite onerous, cover all employers whose employees, whether working indoor or out, are exposed to a heat index equal to or exceeding 80 degrees Fahrenheit, with some exceptions. Below, we review the requirements for covered employers.

Covered Employers. As noted above, the standards apply to all employers with employees who are exposed to a heat index of at least 80 degrees Fahrenheit, with the exception of:

  • emergency operations and essential services that involve protecting life or property (i.e. law enforcement, emergency medical services, firefighting, rescue and evacuation operations, or emergency restoration of essential utilities or telecommunications)
  • incidental exposures, lasting 15 consecutive minutes or less per hour
  • buildings, structures and vehicles with a mechanical ventilation system or fan that maintains the heat index under 80 degrees

Monitoring the Heat Index. Employers are required to monitor the heat index throughout the work shift in working areas using one of the following methods: direct measurement of temperature and humidity (this method is required if there is no mechanical ventilation system in the building or structure); reported local weather data; or use of the National Institute for Occupational Safety and Health’s (NIOSH) Heat Safety Tool application.

Heat-Related Illness Prevention and Management Plan. Employers must have a written plan, available to employees and, upon request, to MOSH, that contains the following:

  • How sufficient amounts of drinking water will be provided and how employees will be provided sufficient opportunity and encouragement to stay hydrated.
  • How to recognize and respond to symptoms of heat-related illness, including heat exhaustion and heat stroke.
  • How employees will be scheduled for and encouraged to take breaks (including considering environmental conditions, workload, required clothing, personal protective equipment (PPE), and alternative control/cooling methods) and provided with shaded or climate-controlled areas.
  • How employees will be trained on heat exposure hazards and prevention of heat-related illness.
  • The use and maintenance of alternative cooling and control methods.
  • Procedures for heat acclimatization (discussed in further detail below).
  • Procedures for high-heat conditions (discussed in further detail below).
  • The emergency response plan (discussed in further detail below).

Acclimatization. Employers must provide acclimatization for a period of up to 14 days for employees newly exposed to heat in the workplace and those returning to the workplace after an absence of 7 or more consecutive days.

  • Employers must develop a written acclimatization schedule that complies with one of the following: (1) gradually increasing exposure time by no more than 20% per day over a 5-14 day period; (2) using NIOSH recommendations for acclimatization; or (3) using a combination of gradual introduction and alternative cooling and control measures. In developing the schedule, employers must consider the following: acclimated/unacclimated employees; environmental conditions and anticipated workload; impact of required clothing and PPE; an employee’s personal risk factors; any necessary re-acclimatization; and the use of alternative cooling and control measures.
  • Employers must also monitor those employees during the acclimatization period using a phone or radio, a buddy system, or some other effective means.

Drinking Water and Shade. The standards require employers to provide at least 32 ounces of free drinking water per hour per exposed employee, as close to the work area as practicable. They also require employers to provide shaded areas to exposed employees, again as close to the work area as possible. There are specific requirements for the shaded areas, as follows:

  • Be outside, open, and exposed to air on at least three sides;
  • Prevent contributing heat sources from reducing effectiveness;
  • Be sufficiently sized for the number of employees utilizing the shaded area;
  • Be arranged in a configuration that allows employees to sit in normal posture; and
  • Accommodate the removal and storage of PPE during periods of use.

If creating the outdoor shade is not possible or is unsafe, employers must utilize alternative cooling and control measures, including an indoor mechanical ventilation system that meets the remaining shade requirements above.

High-Heat Procedures. Employers must implement high-heat procedures when the heat index is 90 degrees or above in the work area, which must be available to employees in writing and in a language/manner that they understand.

  • Employers must monitor exposed employees, using the same methods as for acclimatization.
  • Unless the employer can demonstrate effective heat management and protection through alternative cooling and control measures, they must provide a rest schedule (which may coincide with scheduled breaks and meal periods) of either: (1) a minimum of 10 minutes for every 2 hours worked above 90 degrees and 15 minutes for every hour worked above 100 degrees, adjusted for environmental conditions, workload, and the impact of required clothing or PPE; or (2) rest periods in accordance with NIOSH recommendations. The rest periods must be taken in the shade. Any alternative cooling and control measures must be readily accessible to employees at all times and documented in writing.

Emergency Response Plan. Employers must implement a plan that includes procedures for: (1) effective and accessible means for employees to communicate with a supervisor or emergency medical services (EMS); (2) responding to signs and symptoms of possible heat-related illness; (3) monitoring and providing care for employees with such symptoms; and (4) contacting EMS and transporting employees to an EMS-accessible location.

Training. Employers must provide initial training to employees and supervisors before an employee’s first heat exposure, as well as re-training of employees and supervisors annually prior to exposure and immediately following any incident involving a suspected or confirmed heat-related illness. The training must be in a language and manner understandable to all, and include the following:

  • The work, environmental conditions, and personal risk factors that affect heat-related illness;
  • The concept, importance, and methods of acclimatization;
  • The importance of frequent consumption of water and rest breaks;
  • The types, signs, and symptoms of heat-related illness, and the appropriate first aid and emergency response measures;
  • The importance of and procedures for employees immediately reporting signs and symptoms of heat-related illness; and
  • The employer’s procedures and the requirements for complying with the standards.

The employer must also maintain training records for one year from the date of training, and the records must include the names of those trained, the dates of training, and a summary of the content. These records must be made available to MOSH upon request.

Next Steps. Employers who are covered by the standards should take immediate action to come into compliance. MOSH offers free consultation services, which can be accessed here. In addition, we have been told that MOSH is planning to offer FAQs and additional guidance at some point in the near future.