Heat Standard to be Released

The Occupational Safety and Health Agency’s (OSHA) proposed new rule on heat illness and injury prevention in both indoor and outdoor settings is pending adoption. This article focuses on the outdoor requirements.

The proposed rule would require all employers (with few exceptions) to develop a heat injury and illness prevention plan (HIIPP) with input from nonmanagerial employees that contains site-specific information to control heat hazards.

Employers must track local heat index forecasts or measure the heat index or wet bulb globe temperature as close as possible to the work area and monitor the work area with “sufficient frequency” to determine employee exposure to heat with “reasonable accuracy.”

The proposed rule sets standards and requirements for providing rest, water, shade, and acclimatization. The rule sets two heat index thresholds. Heat mitigation practices must be followed when the heat index of 80 F degrees is reached. Employers must provide drinking water that is suitably cool, break areas with cooling measures, and implement an acclimatization protocol for new or returning employees.

The high heat trigger of 90 F degrees requires employers to provide employees with a minimum 15-minute paid rest break at least every two hours and a hazard alert reminding employees to drink water and take mandatory breaks.

We are going to highlight a few of the measures that are required under this rule. Note some are common sense and according to our member survey, most AHC members are already compliant. Other requirements are very prescriptive such as those involving acclimatization and the need for employers with more than ten employees to distribute a written HIIPP in a language that each employee, supervisor, and heat safety coordinator understands.

Some of the requirements when the heat index of 80F is reached include:

Drinking water. The employer must provide access to potable water for drinking that is:

• Placed in locations readily accessible to the employee;
• Suitably cool; and
• Of sufficient quantity to provide access to 1 quart of drinking water per employee per hour.

Break area(s) at outdoor work sites. The employer must provide one or more area(s) for employees to take breaks that can accommodate the number of employees on break, is readily accessible to the work area(s), and has at least one of the following:

• Artificial shade (e.g., tent, pavilion) or natural shade (e.g., trees), but not shade from equipment, that provides blockage of direct sunlight and is open to the outside air; or
• Air-conditioning, if in an enclosed space like a trailer, vehicle, or structure.

Acclimatization is a multi-step process and has different protocols depending on if the employee is new or returning from vacation or sick leave.

Rest breaks are also tightly scripted for employers.

Effective communication. The employer must maintain a means of effective, two-way communication with employees (e.g., by voice or electronic means (such as a handheld transceiver, phone, or radio)) and regularly communicate with employees.

There are, of course, additional measures required at the higher heat index trigger.

The rule also is expansive on the medical assessment and treatment of a heat illness or injury.

Members are strongly urged to read the rule in its totality.

Finally, a few caveats to keep in mind.

Employers are reminded that, in the interim, OSHA may continue to cite an employer for heat hazards under the General Duty Clause.

AHC is confirming that the rule would not apply to farms with 10 or fewer workers due to Congressional budget policy riders. OSHA noted, “Due to a Congressional budget rider, OSHA is not able to expend funds on enforcement activities for small farms.” Generally, those OSHA riders prevent the agency from enforcing standards on farms with 10 or fewer employees.

The proposed rule is likely going to be litigated as several industries have announced plans to bring suit against its implementation. The rule may be vulnerable to challenge through the Congressional Review Act, which could overturn the regulation with the approval of the President.

Interested stakeholders will have 120 days to submit written comments to OSHA once the rule has been published in the Federal Register. AHC welcomes input from its members as we craft our response. Let us know what you think at info@horsecouncil.org