The Occupational Safety and Health Administration (OSHA) has set a public hearing for the proposed rule it announced last year targeting heat stress in the workplace, a hazard it identifies as the leading cause of weather-related death in the U.S.
OSHA published the Heat Injury Illness Prevention in Outdoor and Indoor Work Settings proposed rule Aug. 30, 2024. Public comments were accepted through the end of the year.
A virtual public hearing is now set for 9:30 a.m. ET June 16. Registration is not required to watch the broadcast, but anyone who wishes to speak, provide documentary evidence or question witnesses during the hearing must fill out this form by May 2.
OSHA’s proposed standard is aimed at reducing heat-related injuries, illnesses and fatalities across all indoor and outdoor work environments. If enacted, it would be the first nationwide regulation.
The standard would apply to all employers under OSHA’s jurisdiction in general industry, construction, maritime and agriculture sectors, with limited exceptions. It mandates the implementation of a workplace-specific heat injury and illness prevention plan. This includes identifying and assessing heat hazards, instituting engineering and work practice controls based on heat severity, developing emergency response procedures, and training both employees and supervisors.
“This proposed rule is intended to substantially reduce the risks posed by occupational heat exposure,” OSHA stated in its Federal Register filing. “Workers in both outdoor and indoor work settings without adequate climate controls are at risk of hazardous heat exposure.”
From 1992 to 2022, the Bureau of Labor Statistics (BLS) recorded 1,042 worker fatalities due to environmental heat, averaging 34 deaths annually. In 2022 alone, 43 such deaths were reported. However, OSHA warned these figures likely underrepresent the true scope of the problem, citing studies that suggest significant underreporting of heat-related illnesses and injuries. For instance, California workers’ compensation data revealed three to six times more cases than federal data reflected.
According to OSHA’s review, between 2017 and 2022, there were 1,054 heat-related injuries and fatalities investigated by the agency, including 211 deaths and 625 hospitalizations. The majority of fatalities occurred in sectors such as construction, landscaping, agriculture, manufacturing and delivery services.
To develop the proposal, OSHA gathered input from a wide range of stakeholders, including small business representatives, labor unions, safety experts and Native American tribal representatives. The National Advisory Committee on Occupational Safety and Health (NACOSH) unanimously supported the proposal in 2023, and the Advisory Committee on Construction Safety and Health echoed that support in 2024.
If enacted, the standard will introduce two key trigger levels for action -- “initial heat trigger” and “high heat trigger” -- prompting employers to implement corresponding protective measures such as shaded rest areas, hydration protocols and acclimatization for new workers.
Though several states, including California, Oregon and Washington, have already implemented heat standards, OSHA emphasized the need for a federal rule to ensure nationwide protections. “Current enforcement under the General Duty Clause has proven insufficient,” the agency wrote, noting legal and logistical challenges in proving violations on a case-by-case basis.
