The U.S. Department of Labor Occupational Safety and Health Administration (OSHA) has proposed significant amendments to the regulations governing worker exposure to heat. The proposed rule would require employers with 10 or more employees to develop a written heat injury and illness prevention plan (HIIPP), which must be reevaluated and reviewed at least annually, as well as each time a heat-related illness or injury results in loss of consciousness, medical treatment beyond first aid, days away from work, or death.

The proposed rule also includes requirements for employers when the workplace reaches specific “heat triggers.” At the “initial heat trigger,” a heat index of at least 80 degrees Fahrenheit, employers must ensure that employees have cool drinking water, cool break areas, paid rest breaks, and “acclimatization protocols” (see below for details). At the “high heat trigger,” a heat index of 90 degrees Fahrenheit, the employer must also provide mandatory rest breaks of 15 minutes every two hours, a hazard alert to remind employees of the HIIPP, and “observation for signs and symptoms of heat-related illness”—which could include a buddy system, active manager observation, or, for employees working alone, a communication check-in every two hours.

Acclimatization Protocols
The most significant change from existing regulations is the required implementation of “acclimatization protocols” for new and returning employees.

For new employees, during the first week on the job, an employer must implement one of the following:

• a plan that incorporates the above requirements for the “high heat trigger” whenever the heat index reaches the “initial heat trigger,” or
• “gradual acclimatization to heat,” with an employee working no more than 20% of a normal work shift exposed to heat on the first day of work, 40% on the second day of work, 60% on the third day of work, and 80% on the fourth day of work.

Employers must implement similar protocols for employees who have been away from a hot work environment for more than 14 days, though for these workers, the “gradual acclimatization” option involves 50% heat exposure the first day, 60% the second day, and 80% the third day.

The proposed rule does not apply in the following circumstances: (i) Work activities for which there is no reasonable expectation of exposure at or above a heat index of 80 degrees Fahrenheit; (ii) Short duration employee exposures at or above the initial heat trigger of 15 minutes or less in any 60-minute period; (iii) firefighters, emergency response activities of workplace emergency response teams, emergency medical services, or technical search and rescue; and any emergency response activities already covered under other heat standards, (iv) air conditioned environments where the ambient temperature is consistently below 80°F; (v) telework, and (vi) sedentary work activities at indoor work areas.

OSHA will soon be publishing an official version of the proposed rule in the Federal Register. Once published, OSHA will be accepting public comments before the proposed rule becomes final. In the meantime, employers may want to consider evaluating their existing heat protocols to determine whether and what kind of changes would be necessary if the rule goes into effect. Barley Snyder’s Employment Practice Group can assist you in creating or evaluating safety protocols for your business or consulting on specific cases.

Our attorneys will continue to follow developments regarding OSHA’s proposed rule and provide updates. If you have any questions or concerns, please reach out to partner and chair of the firm’s Workers’ Compensation Practice Team Joshua Schwartz or any member of our Employment Practice Group.