The federal government has released a proposed rule requiring employers to develop heat-related emergency response plans, train employees and supervisors on signs of heat illness, and provide paid rest breaks, shade, and water to protect workers in extreme heat.
The proposed rule, issued by the U.S. Occupational Health and Safety Administration (OSHA) on Tuesday, would not apply to sedentary or remote employees, emergency responders, or employees in indoor workplaces where the temperature is kept below 80 degrees Fahrenheit.
The OSHA proposal introduces new protections based on two separate heat index thresholds. At the first threshold, when the combined temperature and relative humidity reach 80 degrees, employers must provide drinking water and rest areas for workers. Employers are also required to have a heat acclimatization plan for new workers or those returning after an absence of 14 days or more. These employees would gradually increase their workload to adjust to the heat.
Additional protections are mandated when the heat index hits 90 degrees. At this point, employers must provide a minimum 15-minute paid rest break every two hours and implement a system for monitoring workers for signs of heat-related illness or symptoms.
Before becoming a final regulation, the proposed rule must undergo a public notice and comment period once it is officially published in the Federal Register in the coming days.
NJBIA Vice President of Government Affairs Elissa Frank stated that NJBIA is gathering input from its members on the proposed OSHA heat rule and will submit comments on behalf of the business community. Frank can be contacted at efrank@njbia.org.
NJBIA has opposed state legislation A-3521/S-2422, which mandates expedited rules to address heat stress for employees because forthcoming federal rules will apply one standard nationwide addressing workplace heat stress. "The New Jersey legislation is overly broad and its one-size-fits-all provisions would undermine the ability of businesses in the Garden State to stay open during summer heat waves," she said.
The state legislation was released by Senate and Assembly committees but had not yet reached full Senate and Assembly floor votes before the Legislature recessed for the summer.
