The summer heat may have you dreaming about crisp fall days, but the Occupational Safety and Health Administration (OSHA) is heating up its heat injury and illness prevention initiatives. OSHA has recently focused on its National Emphasis Program (still in effect) and has now proposed a new permanent standard for all employers.
While this proposed standard is not yet final, it is helpful to understand its basic components and the existing protocols employers should be following right now.
Proposed Standard at a Glance
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Employers must create a written Heat Injury and Illness Prevention Plan (HIIPP).
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Employers need to allow new and returning employees to acclimatize to the heat.
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Appropriate training is required on the standard and the HIIPP.
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The standard is triggered when employees are exposed to heat indexes of 80 degrees Fahrenheit, indoors or outdoors.
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As the heat increases, employers have increased monitoring and communication requirements.
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Employers may need to provide access to cool drinking water and breaks in shaded or air-conditioned spaces.
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Employers must be able to recognize and provide the appropriate emergency response in heat illness and injury situations.
The proposed standard must go through OSHA’s rulemaking process before it is finalized. This includes time for public comment, as well as additional time to consider changes based on those comments. However, because OSHA is already enforcing heat injury and illness prevention through its General Duty Clause, employers should take steps now if they don’t have appropriate heat safety practices in place.
Steps to Take Now
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Employers should have a plan and monitor the work environment for heat-related issues.
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Employers should educate the workforce on symptoms of heat-related illness.
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When temperatures increase, employers should ensure that employees consume increased fluids and take appropriate breaks in a cool space. Employers can consider altered shifts and work schedules.
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Employers should ensure adequate communication between employees and supervisors and designate educated supervisors to manage heat-related issues.
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Employees should understand personal risk factors that make them more susceptible to heat-related issues.
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Employers should not ask employees to disclose medical conditions, but if employees make a request for a reasonable accommodation based on their personal risk factors, employers should respond appropriately under OSHA and the Americans with Disabilities Act (ADA).
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Employers should provide the appropriate medical response if an employee shows symptoms of heat-related illness.
Enforcement
Employers who don’t comply with basic heat injury and illness prevention practices may face an OSHA investigation and citations with hefty fines. Below are the amounts OSHA has set for 2024 fines. These amounts increase annually.
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Serious, “other-than-serious,” and posting violations can be cited at up to $16,131 per violation.
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Willful or repeated violations can be cited at up to $161,323 per violation.
If you need further assistance understanding your legal obligations and risks regarding heat injury and illness prevention, please contact Employers Council.
Jennifer Vold is an attorney for Employers Council.