A proposed legislation would mandate employers to implement measures to safeguard 36 million American workers from severe heat conditions, otherwise face corresponding fines, the White House outlined in a news release on Tuesday.

The new rule, if implemented, would mark the first significant regulation of its kind, introducing nationwide protection for workers, where employers are mandated to recognize heat hazards and ensure provisions such as rest breaks, access to shade and water, and heat acclimatization for new employees. 

While private employers have been mandated to ensure safe workplaces, including addressing heat hazards, Tuesday's proposal introduces specific protections against heat exposure for the first time that would allow the Occupational Safety and Health Administration (OSHA) to impose fines on non-complying employers.

The Record-Breaking Heat in 2024

The U.S. Bureau of Labor Statistics reported that workplace heat exposure has killed over 1,000 U.S. workers since 1992 and caused nearly 34,000 cases of heat-related injuries to lead employees to miss work between 2011 and 2020. According to climate scientists, 2024 could potentially become the hottest year on record, as several cities across the United States encountered record-breaking heat in June.

The announcement also coincides with tens of millions of Americans under heat advisories, and President Joe Biden has emphasized that disregarding climate change is "deadly, dangerous, and irresponsible," KCRA3 reported.

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The Scope of The Regulation

The proposed measure aims to set the first federal standard protecting millions of workers against heat-related injuries, illnesses, and fatalities, especially among farmworkers, delivery personnel, construction workers, and indoor workers in warehouses, factories, and kitchens.

Under the proposal, employers must create an injury and illness prevention plan, assess heat risks, provide access to water and necessary rest breaks, and train employees to recognize symptoms of heat-related illnesses.

Jessica Martinez of the National Council for Occupational Safety and Health emphasized the significance of the proposed regulations as summer approaches and expects employers to comply.

Doug Parker, assistant secretary for the Occupational Safety and Health Administration (OSHA), emphasized the necessity of implementing measures to safeguard workers from experiencing heat-related incidents, including heat stroke and fatalities, while performing their job duties, adding that the current proposal marks a crucial progression towards gathering public feedback to develop a final rule that balances worker protection with practicality and feasibility for employers, the statement reads.

The New Federal Rule Proposal

The Labor Department proposes new protections based on two heat index thresholds. In the first instance, when the combined temperature and relative humidity reach 80 degrees Fahrenheit, employers must provide drinking water and scheduled rest breaks.

Under the proposed rules, when the heat index reaches 90 degrees, further measures would be required. Employers must ensure a minimum 15-minute paid rest break every two hours and implement a monitoring system to detect signs of heat-related illness or symptoms among their workers.

However, the OSHA proposal excludes sedentary or remote workers, emergency-response personnel, and employees working indoors with temperatures below 80 degrees Fahrenheit.

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