WASHINGTON — On Tuesday, the Biden administration revealed a much-anticipated proposal aimed at safeguarding approximately 36 million American workers from the dangers of extreme heat while on the job.
The proposed regulation, put forth by the U.S. Occupational Safety and Health Administration (OSHA), the body responsible for enforcing workplace safety laws, would mandate employers to ensure the provision of water and shaded or air-conditioned areas for breaks when temperatures at indoor or outdoor work sites hit 80 degrees Fahrenheit.
When the mercury rises to 90 Fahrenheit, the rule would guarantee workers 15-minute breaks every two hours. Additionally, employers would be obligated to monitor workers for signs of heat-related illness. The rule also stipulates that businesses gradually increase the workload of new hires to allow them to acclimate to high temperatures.
While private employers are already under a “general duty” to maintain safe workplaces, which may include mitigating heat-related risks, this proposal would, for the first time, set forth explicit protections against heat exposure. This could potentially enable the agency to impose fines on employers who disregard the rule.
However, if the regulation is finalized, it is likely to face legal challenges from businesses and trade groups. These challenges could be strengthened by a recent Supreme Court ruling that eliminated the deference courts previously showed to agency rulemaking.
OSHA, a division of the U.S. Department of Labor, stated that the proposed rule aims to decrease work-related fatalities and injuries resulting from prolonged exposure to high temperatures.
“Workers across the nation are fainting, suffering from heat stroke, and even dying due to heat exposure while simply performing their jobs. It’s high time we took steps to protect them,” said Douglas Parker, the head of the agency.
For years, advocates have been urging the agency to address the issue of heat hazards. OSHA first announced it was developing this rule in 2021.
Since 1992, heat exposure at work has claimed the lives of over 1,000 U.S. workers. The U.S. Bureau of Labor Statistics reports that from 2011 to 2020, nearly 34,000 instances of heat-related injuries caused employees to miss work.
In June, several U.S. cities experienced record-breaking heat, and the unveiling of the proposed rule on Tuesday coincided with the onset of a heat wave in California and other states on the West Coast. Many climate scientists predict that 2024 will be the hottest year on record.
The proposed rule does not extend to “sedentary” or remote workers, emergency-response workers, or employees at indoor job sites where temperatures are maintained below 80 Fahrenheit. The agency’s rules do not apply to government employers.
Disagree heat is not a big deal at work
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