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No chill? OSHA advances proposed standard on heat injury, illness prevention

August 2024 employment law letter
Authors: 

Aaron Vance, Barnes & Thornburg LLP

While most of the country has been under a record-breaking heat wave, the Occupational Safety and Health Administration (OSHA) has continued to advance its proposed standard for heat injury and illness prevention, giving employers yet another reason to sweat.

Putting stress on heat

The agency, which has been working on a heat stress standard since President Joe Biden took office, submitted its proposal to the White House’s Office of Information and Regulatory Affairs (OIRA) for review on June 11. Once completed, OSHA will publish the proposed standard for public comment and final rulemaking, which could see the enactment of a final rule by mid-2025.

OSHA has long tackled heat-related injury and illness under the General Duty Clause, issuing technical guidance regarding heat stress prevention in 2016 and adopting a similar National Emphasis Program in 2022, as it has continued to focus on heat stress as a major enforcement priority.

A dedicated standard, however, would explicitly identify when conditions have reached unsafe levels of heat exposure and provide clear parameters to mitigate the risks heat stress poses for employees.

This would not only clearly define such unsafe working conditions but also delineate enforceable violations under the Occupational Safety and Health Act.

Cool down

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