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As summer heats up, know your responsibility to cool employees down

July 2025 employment law letter
Authors: 

Rebecca R. Bisone, Axley Attorneys

The beginning of summer often aligns with the beginning of the growing season for many Midwest farmers. With the rising temperatures, fruits and vegetables aren’t the only things growing this summer. Heatstroke, heat exhaustion, and other heat-related injuries are major risks for employees. So how do employers ensure their workers stay safe during long days in the sun? State and federal agencies have developed recommendations and policies to answer this question.

OSHA’s proposed rule on hold

In August 2024, the federal Occupational Safety and Health Administration (OSHA) issued a proposed rule regarding heat injury and illness prevention in outdoor and indoor work settings in all industries where it has authority. The rule would require employers to create a plan to evaluate and control heat hazards in their workplace and clarify employer obligations to effectively protect employees from hazardous heat.

By January 2025, the proposed rule still hadn’t been reviewed, and when he took office, President Donald Trump issued a memorandum for heads of executive departments and agencies that implemented a regulatory freeze pending review. The memorandum also prohibits the proposal or issuance of any rule until a department or an agency head appointed by Trump reviews and approves the rule.

Federal OSHA recommendations: Employer responsibilities

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