After years of development, the federal Occupational Safety and Health Administration issued proposed regulations last week intended to address employee exposure to dangerous heat and humidity while at work. Affected employers would be required to develop injury and illness prevention plans. For companies with at least 10 employees, the plans must be written. The employer would be required to acclimatize employees to hot work environments and to take special measures when the applicable heat index reaches certain levels.

The proposed rule establishes two heat thresholds: an initial trigger when the heat index exceeds 80 degrees Fahrenheit and a high-heat trigger when the heat index exceeds 90 degrees. Employers would be required to take special measures that include making drinking water available, providing shaded or air-conditioned areas, and allowing 15-minute rest breaks every two hours in the event of a high-heat index event.

In addition to the heat exposure measures, the employer would have to designate high-heat safety coordinators, provide initial and refresher training to employees on avoiding heat exposure risks, and plan for first aid measures in the event an employee is displaying signs of heat illness. The rules apply to both indoor and outdoor working environments.

When finalized, the regulations will undoubtedly face legal challenges from business interest groups. In the meantime, OSHA has indicated its intent to use the General Duty Clause to cite employers it believes are not taking adequate measures to address heat safety risks. Employers that have employees working in high-heat environments should implement safety measures even if the new regulations are delayed or do not take effect following judicial review.

For more information, please contact me or your regular Parker Poe contact. You can also subscribe to our latest alerts and here.