January 06, 2025
Heat Stress in January?
While the U.S. faces some of the coldest temperatures in more than a decade, states are following OSHA’s lead and issuing heat stress regulations. You may recall from a couple of my prior articles that OSHA has published a proposed heat stress rule. Some speculate as to whether that will continue under the new Administration. Time will tell.
Regardless, states are taking on this call to protect workers, indoors and out. At least five states already have related regulations in place. The National Agricultural Law Center reports there are at least 22 states that have related regulations covering private and public sector employers.
Maryland is just one example. The final, 5-page regulation took effect September 30, 2024. It covers an “employer with employees whose employment activities, indoor or outdoor, expose employees to a heat index in the area where the employee is working that equals or exceeds 80 degrees Fahrenheit.”
Before you discount the rule and assume it does not apply to you because your employee all work indoors, consider this. Maryland’s rule does not apply to (1) “incidental” exposure defined as when an employee is not required to perform work activities for more than 15 consecutive minutes per hour; or (2) buildings, structures, and vehicles that have a mechanical ventilation system or fan that maintains the heat index below 80 degrees.
But what if your air conditioning system broke down and could not be repaired for a week or more and some employees could not work from home. Are you required to administer a heat stress plan? Are you required to already have one in place? Are you required to train all employees about your plan or only those who are likely to be impacted by it?
Regardless of where you employ employees, watch this trend. Know how your state’s regulation may or will impact you. If it is still in the proposed stage, read it, consider some of these critical questions, then submit your comments to help shape these public policies in a way that protects workers and employers.
