Heat Illness and Injury Prevention Rulemaking

Among all hazardous weather conditions in the United States (U.S.), heat accounts for the most death. According to Centers for Disease Control (CDC) and Prevention and California Code of Regulations (CCR), Title 8, Section 3396, excessive heat can lead to heat illnesses that include, but are not limited to, heat stroke, heat exhaustion, rhabdomyolysis, heat syncope, heat cramps, and heat rash. Common signs for these illnesses include confusion, lightheadedness, loss of consciousness, hot or dry skin, profuse sweating, high body temperature, weakness, or muscle aches. In addition to California, several other states with Occupational Safety and Health Administration (OSHA) approved state plans such as Washington, Oregon, Colorado, and Minnesota have implemented their own heat illness prevention standards based on their workforces and climates. These state-specific regulations aim to address gaps in the federal OSHA standards by requiring measures such as access to shade, hydration, rest breaks, and employee training to reduce the risk of heat exposure.

Workers are exposed to heat in both indoor and outdoor environments. High risk settings include construction sites, agricultural fields, warehouses, manufacturing plants, commercial kitchens, refineries, and foundries. Heat generating processes such as welding, smelting, baking, and running heavy machinery increase the risk. Enclosed or poorly ventilated spaces can also trap heat, raising exposure levels. Certain groups are more vulnerable, including new or unacclimatized workers, older adults, people with medical conditions, and those wearing protective gear that traps heat.

According to OSHA, from 2011 to 2022, 479 U.S. workers died from excessive heat in the workplace whether that be indoor or outdoor. It is estimated that there were 33,890 heat injuries resulting from work that caused workers to be away from work during those years.

Current Status of Federal the Federal Heat Standard

A Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Settings was published in the Federal Register on August 30, 2024. The proposed standard would apply to all employers in outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. This standard would require employers to create a plan to evaluate and control heat-related hazards. The plan must include the steps necessary to effectively protect employees from heat illnesses. Key proposed requirements include:

• Trigger temperatures: Protections begin at 80°F; enhanced measures at 90°F.
• Acclimatization: Gradual heat exposure for new or returning workers.
• Rest breaks: Required at specific intervals during high heat.
• Water access: Cool, potable water must be readily available.
• Cooldown areas: Shaded or climate-controlled rest spaces are required.
• Emergency response: Procedures for recognizing and responding to heat illness.
• Training: Required for all employees and supervisors on heat risks and prevention.
• Monitoring: Observe workers for signs of heat illness, during extreme heat or acclimatization periods.

The public comment period closed on January 14, 2025. Public comments are available for viewing in the Heat Injury and Illness Prevention rulemaking docket. OSHA will host an informal virtual public hearing on June 16, 2025, at 9:30 a.m. EDT. The hearing will let the public provide and give any comments regarding the proposed rule. The hearing will be available online on OSHA’s Heat Rulemaking webpage.

What’s Next?

If finalized, employers are required to develop, implement, and maintain a Heat Illness Prevention Plan (HIPP). Currently, OSHA relies on the General Duty Clause to cite employers for failing to adequately protect workers from heat-related hazards. Employers should consider reviewing their existing heat safety plans to ensure they incorporate the key elements OSHA recommends. If an employer can demonstrate that their plan includes these elements, it will be more difficult for OSHA to uphold a General Duty Clause violation.

ALL4 will continue to monitor this rulemaking and will publish updates as needed. ALL4 staff are trained and experienced in implementing health and safety regulatory requirements, including developing workplace safety procedures that incorporate federal, state, and local requirements, as well as developing training programs. If you have questions on this proposed rulemaking or need assistance in preparing a HIIP, please contact Victoria Sparks at vsparks@all4inc.com, Jessica Malberg at jmalberg@all4inc.com, or Ayoon Ahmad at aahmad@all4inc.com.