OSHA’s First Federal Heat Standard for Outdoor and Indoor Work

Generally, the standard would require employers to create a plan to evaluate and control heat hazards in their workplace and take necessary steps to effectively protect employees from hazardous heat. Requirements are based on the “initial heat trigger,” which is a heat index of 80°F or a wet bulb globe temperature equal to the National Institute for Occupational Safety and Health (NIOSH) Recommended Alert Limit. A “high heat trigger” at 90°F generates additional employee obligations.

Coverage of Section 1910.148
All employers are covered, with the exception of:

• work activities for which there is no reasonable expectation of exposure at or above the initial heat trigger,
• short duration exposures (at or above the initial heat trigger of 15 minutes or less in any 60-minute period),
• firefighting and emergency response activities,
• work at indoor sites kept below 80°F,
• telework, and
• indoor sedentary work activities.

Core Requirements of Section 1910.148
Employers are to evaluate heat risks and implement requirements for drinking water, rest breaks and control of indoor heat. Employers would also be required to provide training, have procedures to respond if a worker is experiencing signs and symptoms of a heat-related illness, and take immediate action to help a worker experiencing signs and symptoms of a heat emergency. Core requirements are summarized below.

• Develop and implement a Heat Injury and Illness Prevention Plan (HIIPP). If the employer has more than 10 employees, the HIIPP must be written. Employers must designate one or more “heat safety coordinators” to implement and monitor the HIIPP. Employers must seek the input and involvement of non-managerial employees and their representatives, if any, in the development and implementation of the HIIPP.
• Identify heat hazards in both outdoor and indoor work sites.

-  For outdoor work sites, monitor heat conditions by tracking local heat index forecasts or measuring heat index or wet bulb globe temperature.

-  For indoor work sites, identify work areas with the potential for hazardous heat exposure, develop and implement a monitoring plan, and seek employee input.

• Implement control measures at or above the initial heat trigger that include providing employees:

-  cool drinking water,

-  break areas with cooling measures,

-  indoor work area controls,

-  acclimatization protocols for new and returning unacclimatized employees,

-  paid rest breaks if needed to prevent overheating, and

-  regular and effective two-way communication.

• Implement additional control measures, at or above the high heat trigger, which include providing employees:

-  mandatory rest breaks of 15 minutes at least every two hours (unpaid meal break may count as a rest break),

-  observation for signs and symptoms of heat-related illness,

-  a hazard alert to remind employees of key parts of the HIIPP, and

-  warning signs at indoor work areas with ambient temperatures that regularly exceed 120°F.

• Take steps if an employee is experiencing signs and symptoms of a heat-related illness or a heat emergency and develop a heat emergency response plan.
• Provide initial and annual refresher training for supervisors, heat safety coordinators and employees, as well as supplemental training after changes in exposure to heat hazards, policies and procedures, or the occurrence of a heat injury or illness.
• Have and maintain, for a minimum of six months, written or electronic records of indoor monitoring data.
• Ensure that all requirements are at no cost to employees.

Status of Section 1910.148
According to OSHA, an official version of the Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule will “soon” be published in the Federal Register. A 120-day public comment period and informal public hearing will follow prior to publication of the final rule.

The standard will be effective 60 days after publication of the final rule in the Federal Register. Employers must comply with all requirements of the standard 150 days after publication of the final rule in the Federal Register.

Contact your regular Pillsbury contact or the authors of this alert for recommendations on how to address the forthcoming rule to the extent practicable.