OSHA’s Proposed Heat Standard Now Open for Comment.

Over a month after announcing the issuance of the proposed heat stress rule, as we discussed in our July 2024 E-Update, the U.S. Department of Labor has finally opened the period to receive public comment. The DOL will receive comments through December 31, 2024, and you may submit comments here.

As we previously reported, the proposed rule imposes extensive requirements on employers. Among other things, the proposed rule would 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.

Following the comment period, the DOL will issue a final rule. In keeping with recent rulemaking activity, we would expect challenges to that final rule, regardless of any changes that are made to the proposed version, which has already been controversial.