From: Construction Drive, Authored by: Zachary Phillips Dated: July 2, 2024

OSHA has had a National Emphasis Program on heat safety since April 2022, but the proposed rule would be an enforceable guideline, as opposed to general suggestions — such as the credo “water, rest, shade” — for helping protect workers from heat illness and injury. This April, the standard cleared a hurdle when the OSHA Advisory Committee on Construction Safety and Health unanimously recommended the agency “move forward expeditiously” on a notice of proposed rulemaking.

Under the proposed rule, the Heat Injury and Illness Plan must address how a company will adequately monitor the environment to determine if high heat becomes hazardous for work, using a measure such as heat index or wet bulb globe temperature.

The rule states that when the temperature reaches at or above one of those high heat triggers, employers must provide suitable protections. For example, if sufficiently hot, employers would have to provide access to at least one quart per employee per hour of accessible potable, suitably cool drinking water.

In addition, the proposed rule stipulates requirements for breaks in locations with natural or artificial shade or air conditioning, if in an enclosed space, and has specific outlines for break areas for indoor or outdoor work environments.

The rule also provides guidance for personal protective equipment, what time constitutes a break and acclimatization requirements for workers not accustomed to the heat.