Proposed federal rule would protect some 36 million workers from extreme heat on the job

By The Star Staff

The U.S. Department of Labor has released a proposed rule that seeks to protect workers from the significant health risks of extreme heat, including in Puerto Rico.

If finalized, the proposed rule would help protect some 36 million workers in indoor and outdoor work settings and substantially reduce heat injuries, illnesses and deaths in the workplace, the Biden-Harris administration said.

Heat is the leading cause of weather-related deaths in the U.S. Excessive workplace heat can lead to heat stroke and even death. While heat hazards impact workers in many industries, workers of color have a higher likelihood of working in jobs with hazardous heat exposure., the department said.

“Every worker should come home safe and healthy at the end of the day, which is why the Biden-Harris administration is taking this significant step to protect workers from the dangers posed by extreme heat,” Acting Secretary of Labor Julie Su said. “As the most pro-worker administration in history, we are committed to ensuring that those doing difficult work in some of our economy’s most critical sectors are valued and kept safe in the workplace.” 

The proposed rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. Among other things, the plan would require employers to evaluate heat risks and — when heat increases risks to workers — implement requirements for drinking water, rest breaks and control of indoor heat. It would also require a plan to protect new or returning workers unaccustomed to working in high heat conditions.

“Workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them,” said Doug Parker, assistant secretary for occupational safety and health. “Today’s proposal is an important next step in the process to receive public input to craft a ‘win-win’ final rule that protects workers while being practical and workable for employers.”  

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.   

The standard will not apply to work activities for which there is no reasonable expectation of exposure at or above the initial heat trigger; short duration employee exposures at or above the initial heat trigger of 15 minutes or less in any 60-minute period; organizations whose primary function is the performance of firefighting; emergency response activities of workplace emergency response teams, emergency medical services, or technical search and rescue; work activities performed in indoor work areas; telework; and or sedentary work activities at indoor work areas.

The public is encouraged to submit written comments on the rule once it is published in the Federal Register. The agency also anticipates a public hearing after the close of the written comment period.  More information will be available on submitting comments when the rule is published.