The Biden administration has proposed rules to establish the first federal safety standard for protecting workers from extreme heat on the job. The rules, proposed by the Occupational Safety and Health Administration (OSHA), are meant to deal with heat-related illnesses and deaths and apply to indoor and outdoor workplaces.
It requires employers to provide water to workers when the heat index crosses 80 degrees Fahrenheit, along with the provision of access to shade or air-conditioned break rooms. The rules further say that if the heat index crosses 90 degrees, employers will have to provide 15 minutes of paid rest every two hours. The rules also call for companies to develop plans to prevent heat-related injuries.
President Joe Biden said in his speech, “Across the country, workers suffer heat stroke or even die just doing their jobs. This new rule will substantially reduce heat injuries, illnesses, and deaths for over 36 million workers to whom it will apply, from farmworkers to construction workers, postal workers, manufacturing workers, and so much more.”
The US government estimates that an average of 33 workers died of heat exposure every year between 1992 and 2021, which still may be an undercount as per OSHA.
A week ago OSHA found two labour violations after an investigation into the death of a 41-year-old worker in Florida and found that the death could have been prevented if proper measures had been taken.
The proposed rules call for employers to set up a system to monitor the symptoms of heat stroke in extremely hot weather. OSHA claims that in the Florida case, if this system was in place someone would have recognised the signs when the worker seemed confused and had difficulty talking before he collapsed.
The Environmental Protection Agency (EPA) has reported an increase in the frequency, duration, and intensity of heat waves from 1961 to 2023. Additionally, the National Oceanic and Atmospheric Administration (NOAA) predicts that by 2050, Americans will experience 27 to 50 days annually with temperatures reaching 90 degrees Fahrenheit.
Few US states like California, Colorado, Oregon, Washington and Minnesota already have their own heat-related workplace rules in place. Florida and Texas have laws prohibiting local governments from passing their own heat-related protections. If implemented, the federal rule would set a minimum nationwide standard.
The proposed rule will have a public comment period and OSHA is required to review and address all comments before publishing the final rule.