OSHA Heat Standard Proposed Rule Released

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) published its proposed heat-stress prevention rule on August 30, 2024. The deadline to submit comments on the proposed rule is December 30, 2024.

Three important considerations for American Horse Council (AHC) members:

AHC received clarification from OSHA that the proposed rule would not apply to farms employing fewer than ten employees. Qualifying farms would have to fall under the definition of a farm based on the North American Industry Classification System (NAICS), the standard used by Federal statistical agencies in classifying business establishments.

Small Farm exemptions would be allowed under the following NAICS codes:

1.  The employer is “engaged in a farming operation.” An employer will be considered to be engaged in a farming operation if their primary activity falls under the following NAICS classifications:

• • • NAICS 111 – Crop Production
    • NAICS 112 – Animal Production and Aquaculture
    • NAICS 115112 – Soil Preparation, Planting, and Cultivating
    • NAICS 115113 – Crop Harvesting, Primarily by Machine
    • NAICS 115115 – Farm Labor Contractors and Crew Leaders
    • NAICS 115116 – Farm Management Services.

2.  The employer currently has ten or fewer employees and has not had more than ten employees at any time during the previous 12 months.

3.  The employer does not currently have an active temporary labor camp and has not had an active temporary labor camp during the previous 12 months.

The second consideration is to keep abreast of your state’s laws and regulations. Currently, five states have heat stress standards for the workplace: California, Colorado, Minnesota, Oregon, and Washington.

The third is an “ask” from AHC: Let us know if your business does not qualify for the exemption. We want to incorporate your views into the AHC comment letter to OSHA. Comments are due to AHC by November 1, 2024.

Background

The proposed OSHA rule would require employers to create a plan to evaluate and control heat hazards in their workplace and take necessary steps to protect employees from hazardous heat. Requirements are based on the “initial heat trigger,” of a heat index of 80°F or a wet bulb globe temperature equal to the National Institute for Occupational Safety and Health (NIOSH) Recommended Alert Limit. A “high heat trigger” at 90°F generates additional obligations. Some of the requirements include:

•  Monitoring temperatures;
•  Providing “cool” drinking water in an amount greater than one quart per hour per employee;
•  Furnishing break areas for outdoor work sites that are artificially or naturally shaded or enclosed spaces with air conditioning;
•  Establishing a system of monitoring employees for signs and symptoms of heat illness;
•  Developing procedures and policies for emergency situations;
•  Instituting acclimatization procedures for new or returning workers; and
•  Complying with recordkeeping requirements.

Visit the OSHA site for additional information and resources.