OSHA Issues Onerous Proposed Rule to Prevent Heat Injury and Illness

The Occupational Safety and Health Administration has issued a proposed rule intended to protect workers from heat-related illnesses and injuries. The rule imposes extensive requirements on employers. Among other things, the rule will require employers to develop an injury and illness plan to control workplace heat hazards, provide training, and implement procedures to respond to workers experiencing a heat-related illness or emergency.

The required plan must include an evaluation of heat risks. If there is an increased risk, employers must implement requirements for water hydration, rest breaks, and indoor heat control. Employers must also protect new or returning workers who are unaccustomed to working in high heat.

Once the proposed rule is published in the Federal Register, the public may submit comments. OSHA will then consider the comments and may make changes to the proposed rule before issuing a final rule. Notably, the proposed rule has already met with controversy, with the business community expressing concerns about the rushed rulemaking process, extensive requirements, and one-size-fits-all approach regardless of employer size or industry. A U.S. House of Representatives committee has also raised concerns about the rule. In light of the recent Supreme Court ruling undermining agency regulatory authority (as discussed in our June 28, 2024 E-lert), the future of this proposed rule is quite uncertain.