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OSHA proposes first-ever heat protection rule

September 2024 employment law letter
Authors: 

Connor C. Curtis, McAfee & Taft

The U.S. Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) recently proposed a rule that, if finalized, would establish the nation’s first-ever federal safety standard addressing excessive heat in the workplace. While a heat protection rule was first recommended 50 years ago by the National Institute of Occupational Safety and Health, this proposed rule marks the first efforts to develop and implement such a rule. In general, the proposed rule requires employers to evaluate heat risks for workers and implement requirements for drinking water, rest breaks, and control of indoor heat.

Proposed rule highlights

Some notable guidance from OSHA’s proposed rule includes the following.

When employees are exposed to heat at or above the initial heat trigger (defined by the proposed rule as 80 degrees Fahrenheit), you must:

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