On the heels of California’s new indoor heat illness prevention standard becoming effective, the federal Occupational Safety and Health Administration announced a proposed national heat and injury illness prevention standard. The Proposed Rule covers indoor and outdoor workplaces where the heat index reaches 80°F or higher. Employers who wish to submit comments on the Proposed Rule have until December 30, 2024 to do so.

1. Background

A national heat illness prevention regulation has been in the works since 2021. In April 2022, OSHA rolled out its Outdoor and Indoor Heat Related Hazards National Emphasis Program to encourage employers to reduce or eliminate worker exposures to heat-related hazards that result in illnesses, injuries, and deaths. In July 2023, OSHA announced a three-year National Emphasis Program to address heat-related workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments. On July 2, 2024, OSHA announced its Proposed Rule and, on August 30, 2024, it published its Notice of Proposed Rulemaking for “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings”. The public has until December 30, 2024 to submit comments on the Proposed Rule. After the close of the comment period and public hearing, if one is held, OSHA must publish the final rule in the Federal Register, along with an explanation of the standard and the reasons for implementing it. OSHA may also publish a determination that no standard needs to be issued, but that seems unlikely absent a change in the administration.

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