New OSHA Rule to Protect Workers from Heat Illness

The Occupational Safety and Health Administration (OSHA) has proposed a rule to protect indoor and outdoor workers from heat-related illnesses. If finalized, this regulation could safeguard 35 million workers nationwide by mandating provisions like drinking water and mandatory rest breaks. Despite its potential benefits, the rule faces opposition from industry groups and possible political hurdles. This proposal underscores the importance of worker safety amid rising temperatures and frequent heat waves across the United States.

OSHA’s proposed rule represents the first significant federal regulation focused on preventing heat-related workplace deaths and illnesses. This initiative, driven by public health and climate advocates, aims to reduce the risks faced by workers in various sectors, from construction to delivery services. The regulation would introduce two heat index thresholds—80 degrees Fahrenheit and 90 degrees Fahrenheit—that trigger specific safety measures. At 80 degrees, employers must provide drinking water and break areas, while at 90 degrees, additional protections, including mandatory rest breaks and monitoring for heat illness, are required.

The proposal comes at a critical time as the U.S. experiences extreme heat, with over 60 million Americans currently under heat alerts. Excessive heat warnings cover much of California, and southeastern states are also enduring high temperatures. Only five states—California, Colorado, Minnesota, Oregon, and Washington—currently have workplace heat safety laws. Maryland is considering similar regulations.

While the rule has been praised for its scientific basis and potential to protect workers, it excludes certain groups like sedentary employees, emergency response workers, and public employees. Industry groups have expressed concerns about the rule’s burden and redundancy, arguing that many already have heat protection measures in place. However, the rising number of heat-related deaths highlights the need for standardized regulations. From 1992 to 2019, there were an average of 32 heat-related workplace fatalities annually, with recent years showing an increase, including 43 deaths in 2022.