Federal OSHA Publishes Proposed Heat Standard

The federal Occupational Safety and Health Administration (OSHA) has released the text of its proposed heat standard which would apply to nearly all employers and cover inside and outside workplaces. In the past, OSHA and NV OSHA have used alerts, a National Emphasis program, and the employers’ general duty clause to address heat injury and illness. Now, however, OSHA seeks to implement an official and mandatory standard.

OSHA has determined that exposure to hazardous heat in the workplace poses a significant risk of serious injury and illness to workers. The proposed rule requires employers in all industries to create a Heat Injury and Illness Prevention Plan addressing heat hazards in their workplace and setting forth an emergency response plan. OSHA also seeks to impose training and recordkeeping requirements. 

The proposed rule further establishes two heat trigger levels with specific requirements. When employees are exposed to temperatures at or above 80 degrees Fahrenheit, an employer must provide access to drinking water, shaded or air-conditioned break areas, fans or other controls for indoor areas, paid rest breaks as needed, procedures for acclimatizing new and returning employees to the workplace, and ensure two-way and regular communication with workers. When workers are exposed to temperatures of 90 degrees or higher, employers must also provide 15-minute paid rest breaks every two hours, an observation system, and a hazard alert.  

The proposed rule will undergo a public comment period before it is finalized. We have confirmed that Nevada OSHA still intends to adopt its own heat regulation, which is pending before the Nevada Legislative Counsel Bureau. As we keep an eye on both agencies, all Nevada employers have a general duty to protect workers from heat and should continue to follow the guidelines provided by NV OSHA last year. 

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