OSHA’s Proposed Heat Rule: What it Means for Hawaii Employers

Heat is the leading cause of weather-related deaths in the U.S., and excessive heat in the workplace can lead to severe health issues, including heat stroke and death. To address this, the Occupational Safety and Health Administration (OSHA) published a proposed rule aiming to protect workers from extreme heat by requiring all employers, regardless of industry, to implement protective measures and enhance workplace safety protocols. If finalized, the proposed rule would help protect approximately 36 million in indoor and outdoor workers from heat related injury and death. Learn more about how this proposed rule could affect you and your workplace.

Who will the rule apply to?

The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agricultural sectors where OSHA has jurisdiction.

The proposed rule will not apply to short-duration employee exposure to heat (15 minutes or less in any 60-minute period), “sedentary” employees, those in indoor job sites kept below 80 degrees, and remote workers. Others exempt from the rule include emergency response workers and public employees who are not covered under OSHA regulations.

Key Points of the Rule

The proposed rule would require all employers to:

• Monitor workplace temperatures.
• Develop site-specific heat injury and illness prevention plan (HIIPP) describing workplace measures to evaluate and control heat hazards.
• Designate a heat safety coordinator to implement and monitor the HIIPP.
• Provide training for workers to identify and respond to signs and symptoms of heat-related illness.
• Maintain detailed records of heat-related incidents for a minimum of 6 months.
• Deploy regular audits of heat safety measures and overall compliance with the new standards.
• Ensure that all requirements are at no cost to employees.

Additional measures would be introduced at two heat index levels of 80 degrees and 90 degrees.

At the initial heat trigger of 80 degrees, employers must additionally:

• Provide workers frequent access to water and encourage regular hydration.
• Provide scheduled rest breaks in cool or shaded areas.
• Develop an acclimatization plan to protect new or returning workers unaccustomed to working in high heat conditions.
• Provide paid rest breaks to prevent overheating, if needed.

At the high heat trigger of 90 degrees, employers must additionally:

• Provide mandatory rest breaks of 15 minutes at least every two hours.
• Observe workers for signs and symptoms of heat-related illness.
• Deploy hazard alert to remind employees of key parts of the HIIPP.
• Post warning signs at indoor work areas with ambient temperatures that regularly exceed 120 degrees.

When will the rule go into effect?

If the proposed rule moves through the public comment period without opposition, we can expect further news regarding an effective date in early 2025.

Next Steps: What should employers do to prepare?

The proposed rule provides a good road map for what OSHA expects of employers when it comes to protecting workers from heat. Regardless of the final ruling, heat safety in the workplace is currently already falling under OSHA’s broad General Duty Clause which requires employers to provide a workplace free from recognized hazards that may result in employee death or harm. OSHA has already conducted more than 5,000 federal heat-related inspections under its National Emphasis Program (NEP) – Outdoor and Indoor Heat-Related Hazards that launched in 2022.

The heat NEP is a temporary program in effect until April 2025, so there is no better time than the present to review your current policies and procedures to ensure that all employees are safe throughout their day-to-day job. From staying hydrated to working in safe conditions, employee wellness is essential for a productive and safe workplace.

Read also: How to Recognize and Prevent Heat Related Illness – ALTRES

We know how difficult it can be to maintain compliance and keep up with ever-changing human resources laws and regulations. That’s where our team of HR experts can help. We monitor federal and state updates to the laws and notify affected employers with the necessary information to keep their businesses compliant. Contact us to learn more about how simplicityHR can help you and your business.