It is estimated by the CDC that 1,200 people are killed by extreme heat in the U.S. each year, yet there are only a handful of states that have regulations on the books for extreme heat protections for workers. Just last month, the BBC reported that one in five Americans were under excessive heat warnings. The article cites a prediction from the Intergovernmental Panel on Climate Change (IPCC) stating, “hot extremes will happen even more often – and tend to reach higher temperatures – for as long as the world continues to warm.”

 In response to the record-breaking temperatures we are experiencing across the US, the Biden Administration has proposed a new rule for employers to address the excessive heat faced by employees in certain work environments.

The DOJ’s announcement on the rule says heat is the leading cause of weather-related deaths in the U.S., and excessive workplace heat can lead to heat stroke and even death. The new rule would protect approximately 36 million workers from the injuries that can result from heat exposure in the course of their job. This would be the first major federal legislation of its kind protecting those at risk from heat exposure, such as farm workers, delivery workers, construction teams, and landscapers, as well as those who work in indoor facilities where heat can be an issue, such as warehouses, factories, or kitchens.

The proposed rule would require employers to implement the following measures:

• Develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat.
• Evaluate heat risks and — when heat increases risks to workers — implement requirements for drinking water, rest breaks, and control of indoor heat.
• Protect new or returning workers unaccustomed to working in high heat conditions. 
• Provide training and 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.   

In addition to this announcement from the federal government, Cal/OSHA has been sending out communication reminding all California employers to protect workers from heat illness with high temperatures forecasted across the state. For indoor workplaces, the agency requires employers to correct unsafe conditions for workers created by heat as part of their Injury and Illness Prevention Program. For outdoor worksites, the Agency’s Heat Illness Prevention Standard requires employers to provide their employees with fresh water, access to shade at 80 degrees, and, when requested, cool-down rest breaks in addition to regular breaks.

Employers who have outdoor workers in any industry must take the following steps to ensure they are compliant with Cal/OSHA requirements:

• Develop and implement a written heat illness prevention plan, including emergency response procedures.
• Conduct training of all employees on heat illness prevention.
• Provide 32 ounces of fresh, cool drinking water free of charge to each employee per hour.
• Encourage rest in the shade for at least five minutes so that workers can cool down when they feel the need to do so.
• Provide adequate shade if the temperature is over 80 degrees.

With temperatures continuing to rise in California and around the country, employers should be up to date on all excessive heat related regulations and take the necessary measures to not only comply, but to also ensure the safety of their employees.