WASHINGTON — The Biden administration on Tuesday proposed a new rule to extreme heat in the workplace as tens of millions of people in the US are under heat warnings due to high temperatures.
If the measure becomes final, it would protect an estimated 36 million U.S. workers from injuries related to heat exposure on the job, establishing the first major federal safety standard of its kind. Those most affected by extreme heat in the workplace include agricultural workers, delivery and construction workers, landscapers, and indoor workers in warehouses, factories and kitchens.
President Joe Biden plans to highlight the rule on Tuesday, when he receives a briefing on extreme weather and delivers a speech.
Despite the increased awareness of the risks to human health due to high temperatures, extreme heat protection — for those routinely exposed to heat index values above 80 degrees Fahrenheit (27 degrees Celsius) — have been left behind.
Under the proposed regulations, employers would be required to identify heat hazards, develop emergency response plans for heat illness, and provide training to workers and supervisors on the signs and symptoms of such illnesses. They would also have to establish rest breaks, provide shade and water, and provide heat acclimation — or building tolerance to higher temperatures — for new workers.
Penalties for heat-related workplace violations would increase significantly, in line with penalties imposed for violations of Occupational Safety and Health Administration rules, a senior White House administration official said.
An estimated 2,300 people in the U.S. will die from heat-related illnesses in 2023. According to the Centers for Disease Control and the National Oceanic and Atmospheric Administration, workers exposed to extreme heat for long periods of time are among the most vulnerable to related health risks, such as heat stroke and other illnesses.
As the hottest month of the year approaches, millions of Americans are at greater risk of heat stroke, dangerous dehydration and heat-related cardiac stress.
The Department of Labor has been developing a standard for how workplaces handle heat since 2021. Last year, OSHA held meetings to hear how the proposed measures could affect small businesses.
Heat protection laws in the U.S. have faced continued opposition from industry, including chambers of commerce and other trade associations. Many say a blanket mandate would be difficult to implement across such a broad range of industries.
California, Colorado, Oregon, Minnesota and Washington are the only states with workplace standards for heat exposure. Some regulations have recently come under attack from Republicans. In the past year, Florida and Texas, led by Governor Ron DeSantis and Governor Greg Abbott, both Republicans, have passed legislation preventing local authorities from requiring heat protection for outdoor workers.
If the Democratic administration’s rule becomes final, it will override state measures. States that already have procedures in place to deal with heat will have to implement measures that are at least as stringent as the final federal rule.
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