PROJECT UPDATE: OSHA HEAT STRESS STANDARDS

The Occupational Safety and Health Administration (OSHA) is a federal agency that sets and enforces standards for workplace safety in the United States. The agency has broad powers covering various areas, but none of the current rules specifically apply to occupational heat-related illness, injuries or deaths.?

As a result, courts have interpreted the general duty clause — Section 5(a)(1) of the Occupational Safety and Health Act (OSH Act) — to mean employers have a legal obligation to provide a workplace free from recognised hazards capable of causing serious physical harm or death.?

The National Institute for Occupational Safety and Health (NIOSH) has published a recommended standard to fill the gap in the law. Moreover, some states have implemented OSHA-approved plans that impose mandatory standards, five of those applying specifically to occupational work-related health conditions. The NIOSH guidelines and state-specific requirements, among other things, provide the following:

1. Engineering and administrative controls?
2. Environmental monitoring
3. Acclimatisation?protocols
4. Illness reporting
5. Training programs

While these guides have proven useful, federal-backed legislation will go a long way. Thus, on October 27, 2021, OSHA published an Advance Notice of Proposed Rulemaking (ANPRM) for heat injury and illness prevention in outdoor and indoor work settings in the federal register. This step commenced the rule-making process for a heat-specific occupational standard.

On November 3, 2023, OSHA concluded the Small Business Regulatory Enforcement Fairness Act (SBREFA) process, which included convening a Small Business Advocacy Review (SBAR) panel to collect input from small entity representatives (SERs) on possible implications of a heat-specific standard. The SERs constituted stakeholders in the following industries:

1. Building material suppliers
2. Construction and utilities
3. Landscaping, facilities support, maintenance, and repair
4. Material handling, transportation, and warehousing
5. Oil and gas
6. Manufacturing?
7. Wholesale and retail trade
8. Fire protection
9. Agriculture and forestry
10. Commercial kitchens
11. Recreation and amusement

Based on the SBAR’s report, further research and public inputs, OSHA prepared a draft rule and presented the initial regulatory framework to the Advisory Committee on Construction Safety and Health on April 24, 2024. The committee unanimously recommended that OSHA proceed expeditiously on the Notice of Proposed Rulemaking.?

Until the rule is finalised, OSHA will continue to educate employers and workers on compliance with the general duty clause and other applicable regulations. Additionally, OSHA is conducting inspections pursuant to the National Emphasis Program (NEP), which was launched to address issues pertaining to employees working in hot environments.?

These initiatives are essential because heat-related illnesses can be severe and potentially fatal unless treated promptly. Research shows that extreme exposure to heat can cause heat strokes, rhabdomyolysis, heat cramps, and other medical conditions.?