OSHA’s New Rule Aims to Protect Workers From Extreme Heat

The U.S. Department of Labor has proposed a groundbreaking new rule aimed at protecting workers from the dangers of extreme heat. This rule would require employers to develop injury and illness prevention plans to better shield workers from heat-related injuries and fatalities.“Workers all over the country are passing out, suffering heat stroke, and dying from heat exposure from just doing their jobs, and something must be done to protect them,” said Doug Parker, Assistant Secretary for the Occupational Safety and Health Administration (OSHA), in a statement on Tuesday. This proposal is an important stepping stone on the path to creating laws that protect workers in a way that also works for employers.Heat is the leading cause of weather-related deaths in the United States, claiming over 200 lives last year. The Department of Labor estimates that the new regulations could safeguard around 36 million workers nationwide, particularly people of color who are more likely to be employed in roles exposing them to extreme heat. Construction workers and agricultural employees are among those who spend a lot of time outside in the sun and are in danger of heat illness.The proposal comes amidst record-shattering heat waves and extreme weather events, with over 75 million people under heat alerts on Tuesday. Last year was the hottest year on record since global temperatures began being documented in 1850.Heat-related deaths have surged in recent years due to increasing extreme weather conditions, which scientific consensus attributes to human-induced climate change. The Bureau of Labor Statistics reports an average of 34 heat-related workplace deaths annually between 1992 and 2022, with 43 fatalities recorded in 2022 alone.“Every worker should come home safe and healthy at the end of the day, which is why the Biden-Harris administration is taking this significant step to protect workers from the dangers posed by extreme heat,” said Acting Secretary of Labor Julie Su.

Key Provisions of the Proposal

Heat Index Thresholds: The proposal introduces protections based on two separate heat index thresholds. When the combined temperature and relative humidity reach 80 degrees, employers would be required to provide drinking water and rest breaks.
Additional Protections at Higher Heat: When the heat index hits 90 degrees, employers would need to provide a minimum 15-minute paid rest break every two hours and establish a system to monitor workers for signs of heat-related illness or symptoms.

Workplace Heat Exhaustion and Employer Responsibility

Workplace heat exhaustion is a serious condition that can lead to heat stroke, heat stress, and even death. Employees working outdoors in extreme heat, such as construction and agricultural workers, are particularly vulnerable. Employers have a duty to protect their employees from these dangers by adhering to specific safety standards.For instance, California’s Heat Illness Prevention Standard requires employers to provide training, water, shade, and planning when temperatures reach 80°F. Employers who fail to implement these measures put their workers at significant risk of serious harm. This includes a range of heat-related injuries and illnesses such as heat stress, heat exhaustion, heat stroke, and in extreme cases, death.

Legal Rights of Employees and Families

If an employee suffers a heat-related illness or injury at work due to employer negligence, they may have the legal right to sue for compensation. Employers who do not provide adequate protective measures in compliance with state laws, like California’s heat stroke regulations, can be held liable for their negligence. This legal accountability extends to the families of workers who die from heat-related conditions on the job. Families can pursue legal action to seek justice and compensation for their loss by contacting a construction accident lawyer in San Bernardino.

Looking Ahead

Finalizing the rule could be challenging during an election year and amid strong opposition from influential lobbying groups. However, this proposed rule represents a significant step toward protecting millions of workers from the increasing dangers of extreme heat, emphasizing the nation’s commitment to worker safety in the face of climate change.

Ann Mazotta, California Business Journal