On July 2, OSHA unveiled its proposed heat safety rule, currently awaiting official publication in the Federal Register. This rule aims to protect employees from heat-related injuries and illnesses by establishing comprehensive requirements for employers, as outlined in a White House Fact Sheet.

The proposed rule is part of broader effort by the Biden Administration to respond to the impacts of climate change. Once the proposed rule is published in the Federal Register, the public is encouraged to submit written comments on the rule. Key rule provisions include:

OSHA has been working a proposed standard for indoor and outdoor heat illness since 2021. This month the proposed standard has been sent to the White House’s Office of Information and Regulatory Affairs (OIRA) for review.

While the language of the proposed standard has not be released, the rule is expected to include temperatures that trigger requirements under the rule such as mandatory rest breaks. OSHA has previously stated the rules to protect workers from heat illness would be followed after the heat index reaches 80 degrees Fahrenheit. 

On October 27, 2021, OSHA issued an Advance Notice of Proposed Rulemaking (ANPRM) on Heat Injury & Illness Prevention in Outdoor and Indoor Work Settings. 86 Fed. Reg. 59309 (Oct. 27, 2021). As announced in the ANPRM, OSHA is seeking information about the extent and nature of hazardous heat in the workplace and the nature and effectiveness of interventions and controls used to prevent heat-related injury and illness. Comments on the Proposed Rule must be submitted by December 27, 2021.

Because outdoor and indoor work settings that lack adequate climate-controlled environments pose a risk of hazardous heat exposure for workers, the proposed rule applies to both indoor and outdoor work environments.