OSHA’s Proposed “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings”: What Employers Should Know

Mayowa Gbenro, Associate

The Occupational Safety and Health Administration (OSHA) has recognized that heat is the leading cause of death among all weather-related phenomena in the United States, and excessive heat in the workplace can cause heat stroke and even death. OSHA further recognized that there are currently no federal OSHA standards that regulate heat stress hazards in the workplace, and that workers in both outdoor and indoor work settings without adequate climate controls are at a risk of hazardous heat exposure. Therefore, on August 30, 2024, OSHA proposed a new rule (the “Rule”) aimed at preventing heat-related injuries and illnesses in both outdoor and indoor work environments. It would apply to employers conducting outdoor and indoor work in all general industry, construction, maritime, and agricultural sectors where OSHA has jurisdiction.  

Key Requirements of the Proposed Rule

If the Rule is adopted as written, covered employers will be required to develop and implement a Heat Injury and Illness Prevention Plan.[1] This plan must be comprehensive and tailored to each worksite, identifying heat hazards, detailing procedures for monitoring heat exposure, and specifying control measures to mitigate risks. The plan must also be reviewed and updated regularly, especially following any heat-related incidents, and be made accessible in a language understood by all employees.

Also, under the Rule, employers would be required to monitor heat conditions at both outdoor and indoor worksites.[2] For outdoor sites, this involves tracking local heat index forecasts or using on-site monitoring devices. Indoor sites require a more detailed approach, where employers must identify work areas with potential heat exposure and create a monitoring plan to assess conditions when exposure could reach dangerous levels. The rule allows for flexibility in selecting the heat metric (e.g., heat index or Wet Bulb Globe Temperature) to best suit the work environment​.

Further, once heat hazards are identified, the Rule would require employers to implement preventive measures, such as providing potable water,[3] shaded or cooled rest areas, and mandatory rest breaks.[4] Training for employees and supervisors on recognizing symptoms of heat-related illnesses and emergency response is also required under the Rule. Additionally, employers will be required to maintain records of heat hazard assessments, implemented measures, and any heat-related incidents, ensuring preparedness for potential OSHA inspections.

Potential Impact on Colorado Employers

Given Colorado’s high altitude, arid climate, and hot and dry summers, the Rule may present notable challenges for covered Colorado employers. Industries such as agriculture, construction, and manufacturing would be particularly affected. However, indoor work environments like warehouses and factories could also be impacted by these new requirements, especially if they lack climate control systems that mitigate heat exposure.

The proposed Rule does not currently provide for penalties for potential violations by employers. However, penalties for noncompliance with OSHA standards are generally determined based on the nature of the violation. If considered a “serious” violation, the maximum penalty is $16,131 per violation.[5] A serious violation occurs in the workplace when a condition or practice exists that could cause death or serious physical harm, unless the employer did not, or could not, know about it.[6] Failing to abate a particular violation may result in maximum penalty of $16,131 per day beyond the required abatement date.[7]  For willful or repeated violations, there is a possible maximum penalty of $161,323 per violation.[8]  

Employer Considerations

The OSHA’s public comment period on the Rule is open until December 30, 2024, and a final rule may be published soon thereafter. Colorado employers should begin evaluating their current heat-related safety practices in light of OSHA's proposed rule. This includes assessing both outdoor and indoor work environments for heat risks and considering what additional measures may be necessary to comply with the upcoming Rule should it be adopted as written. Employers should also consider proactive steps, such as updating their training programs and preparing a heat illness prevention plan. Campbell Litigation will continue to monitor these and other developments in the proposed rule as they arise.

[1] https://www.federalregister.gov/d/2024-14824/p-737

[2] https://www.federalregister.gov/d/2024-14824/p-760

[3] https://www.federalregister.gov/d/2024-14824/p-787

[4] https://www.federalregister.gov/d/2024-14824/p-933

[5] OSHA, 2024 Annual Adjustments to OSHA Civil Penalties, U.S. Department of Labor, January 8, 2024,  https://www.osha.gov/memos/2024-01-08/2024-annual-adjustments-osha-civil-penalties (last visited September 4, 2024)

[6] 29 U.S.C. § 666(k)

[7] “2024 Annual Adjustments to OSHA Civil Penalties,” Id.                                                          

[8] Id.