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DOL/OSHA | RIN: 1218-AD39 | Publication ID: Fall 2024 |
Title: Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings | |
Abstract:
Heat is a leading cause of death among all hazardous weather conditions in the United States. Excessive heat in the workplace can cause a number of adverse health effects, including heat stroke and even death, if not treated properly. According to the Bureau of Labor Statistics, 479 workers in the U.S. died from exposure to environmental heat from 2011-2022, an average of 40 fatalities per year in that time period. Additionally, there were 33,890 estimated work-related heat injuries and illnesses that resulted in days away from work from 2011-2020, an average of 3,389 per year in that time period. However, these statistics for occupational heat-related illnesses, injuries, and fatalities are likely vast underestimates. Workers in outdoor and indoor work settings without adequate climate controls are at risk of hazardous heat exposure. Certain heat-generating processes, machinery, and equipment (e.g., hot tar ovens, furnaces, etc.) can also cause hazardous heat when cooling measures are not in place. Some groups may be more likely to experience adverse health effects from heat, such as pregnant workers, while others are disproportionately exposed to hazardous levels of heat, such as workers of color in essential jobs who are more often employed in work settings with high risk of hazardous heat exposure. To date, California, Colorado, Maryland, Minnesota, Oregon and Washington have issued heat protections. The Occupational Safety and Health Administration (OSHA) currently relies on the general duty clause (OSH Act section 5(a)(1)) to protect workers from this hazard. However, a standard specific to heat-related injury and illness prevention would more clearly set forth enforceable employer obligations and the measures necessary to effectively protect employees from hazardous heat. I OSHA was petitioned by Public Citizen for a heat stress standard in 2011. The Agency denied this petition in 2012, but was once again petitioned by Public Citizen, on behalf of approximately 130 organizations, for a heat stress standard in 2018 and 2019. In 2019 and 2021, some members of the Senate also urged OSHA to initiate rulemaking to address heat stress. More recently, members of both the House of Representatives and Senate have also requested the agency promulgate a heat stress standard. Additionally, the Attorneys General from several states have petitioned OSHA to issue an Emergency Temporary Standard to protect workers from heat stress. Given the potentially broad scope of regulatory efforts to protect workers from heat hazards, as well as a number of technical issues and considerations with regulating this hazard (e.g., heat stress triggers, heat acclimatization planning, exposure monitoring), OSHA has had extensive engagement with stakeholders. OSHA published an ANPRM on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings (October 27, 2021) to begin a dialogue and engage with stakeholders to explore the potential for rulemaking on this topic. On May 3, 2022, OSHA held a virtual public stakeholder meeting on the Agency’s initiatives to protect workers from heat-related hazards. OSHA also established a Heat Injury and Illness Prevention Work Group of the National Advisory Committee on Occupational Safety and Health (NACOSH) to help NACOSH provide recommendations on potential elements of a heat injury and illness prevention standard. On May 31, 2023, the Work Group presented its recommendations to the full committee, which submitted the recommendations to OSHA (www.regulations.gov, Document No. OSHA-2023-0003-0012). In August 2023, OSHA convened a Small Business Advocacy Review (SBAR) Panel, in accordance with the requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA), to hear comments directly from small entity representatives (SERs) on the potential impacts of a heat-specific standard. OSHA completed its small business consultations as another important step in this process in November 2023. On August 30, 2024, OSHA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The publication of the NPRM is a significant step toward a federal heat standard to protect workers. The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. The standard would require employers to create a plan to evaluate and control heat hazards in their workplace. It would clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat. The ultimate goal is to prevent and reduce the number of occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat. The publication of the NPRM in the Federal Register began a public comment period that was extended until January 14, 2025. Public comments will help the agency develop a final rule that adequately protects workers, is feasible for employers, and is based on the best available evidence. |
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Agency: Department of Labor(DOL) | Priority: Section 3(f)(1) Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Proposed Rule Stage |
Major: Yes | Unfunded Mandates: No |
CFR Citation: None (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: Not Yet Determined |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: YES | Government Levels Affected: Undetermined |
Small Entities Affected: Businesses, Organizations | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: Yes | |
Agency Contact: Andrew Levinson Director, Directorate of Standards and Guidance Department of Labor Occupational Safety and Health Administration 200 Constitution Avenue NW, FP Building, Room N-3718, Washington, DC 20210 Phone:202 693-1950 Email: levinson.andrew@dol.gov |