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Washington issues emergency heat exposure rules to protect outdoor workers

August 2021 employment law letter
Authors: 
Stephanie Holstein, Perkins Coie LLP

On July 9, 2021, in the wake of an extreme heat wave that resulted in record-high temperatures, Washington became the second state in the Pacific Northwest to announce emergency rules providing hot weather protection to outdoor workers. The rules came just one day after Oregon passed a similar measure. Washington’s regulations took effect on July 13 and updated existing rules that go into effect from May through September each year. The rules provide farmworkers, construction workers, and others who labor outdoors mandatory employer-provided measures to prevent heat-related illness.

Existing heat exposure rules

Under the existing rules, employers must:

  • Create an outdoor heat exposure prevention plan as part of their required accident prevention program;
  • Provide annual training on symptoms of heat exposure and policies to prevent heat-related illness;
  • Increase the amount of water available to employees and provide more opportunities for them to drink water; and
  • Be prepared to respond to an employee with symptoms of heat-related illness.

Emergency heat exposure rules

The emergency heat exposure rules effective until September 30, 2021, add new requirements. When the temperature is at or above 89 degrees, employers must:

  • Provide water that’s cool enough to drink safely; and
  • Allow and encourage workers to take additional paid preventative cool-down rest periods.

When the temperature is at or above 100 degrees, employers must:

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