The Occupational Safety and Health Administration (OSHA) finally published a notice of proposed rulemaking (NPRM) in the Federal Register on August 30, initiating a 120-day comment period for the agency’s proposed heat illness prevention standard (89 Fed. Reg. 70698). OSHA first released the text of its proposal on the agency website on July 2.
Comments on the proposed standard are due December 30.
The proposed standard, if adopted, would apply to both indoor and outdoor work.
Requirements would be triggered by a National Weather Service heat index of 80° Fahrenheit (F) or a wet bulb globe temperature equal to the National Institute for Occupational Safety and Health’s (NIOSH) recommended alert limit (RAL), detailed in section 8.1 of the institute’s Criteria for a Recommended Standard Occupational Exposure to Heat and Hot Environments. A “high heat trigger,” a heat index of 90°F or a wet bulb globe temperature equal to the NIOSH recommended exposure limit (REL), would trigger additional employer requirements.
If adopted, the proposed standard would require employers to develop and implement heat injury and illness prevention plans (HIIPPs), seeking the input and involvement of nonmanagerial employees and their representatives. Employers with more than 10 employees would be required to have written plans, and all employers would need to designate one or more heat safety coordinators.
Heat acclimatization for new employees would consist of gradually expanding exposure periods over several days. Workers returning from sick leave or vacation would have a compressed acclimatization schedule.
In the absence of an existing standard, OSHA currently cites employers, often after a fatality or hospitalization, using its authority under the General Duty Clause (Sec. 5(a)(1)) of the Occupational Safety and Health Act.
Pam Walaski, president of the American Society of Safety Professionals (ASSP), said the group would analyze the proposal following its publication in the Federal Register.
“We know there are significant benefits to having work practice standards that help employers manage heat-related risks,” she said in an ASSP statement.
“Employers must have the tools and resources to identify and prevent work hazards before incidents occur. The use of standards is an effective way to implement controls that improve occupational safety and health while saving workers’ lives,” she continued.
Earlier this year, the ASSP released the first voluntary national consensus standard for heat stress among workers in construction and demolition operations. American National Standards Institute (ANSI)/ASSP A10.50-2024 includes guidance for protecting workers, explains how to acclimate workers to high-heat conditions, and provides requirements for training employees and supervisors.
The National Safety Council (NSC) also issued a statement in July applauding the agency’s release of the proposed rule text.
When OSHA issued its advance notice of proposed rulemaking (ANPRM) in 2022 to gather stakeholder input on extreme heat workplace conditions, the NSC called for OSHA to create a standard acknowledging the need for controls against extreme heat conditions. The group advocated for controls that include acclimatization plans for employees working in extreme heat settings, air circulation for indoor and outdoor work environments, cool drinking, supervisor training to recognize impairment due to heat stress, and water rest breaks.
The group also suggested requirements for heat awareness and lifesaving training for workers.
California adopted a standard this summer for heat exposures in indoor environments. The state has long had a heat illness prevention program standard for outdoor work.