OSHA Moves Ahead on Heat Stress Safety Standard

Regulations promulgated by OSHA currently do not include a specific standard for preventing occupational heat stress exposure.  However, OSHA has been considering a heat exposure standard since publishing an Advance Notice of Proposed Rulemaking on heat stress in 2021 and holding stakeholder meetings in 2022.  Currently, OSHA attempts to regulate employee heat stress exposure under the General Duty Clause as a recognized hazard that is likely to cause serious harm or death.

Record breaking high temperatures this summer have heightened concern about heat exposure to workers, along with the UPS negotiations with the Teamsters resulting in a collective bargaining agreement that will require air conditioning in delivery vehicles and a few isolated instances of death and heat stroke among outside workers.

The National Institute for Occupational Safety and Health (NIOSH) has published a recommended heat stress standard but it does not have the force of law, although it could be considered in enforcement of the General Duty Clause.  This standard was originally issued in 1972 and last updated in 2016. NIOSH urges employers to ensure that workers are not exposed to heat exposure from a combination of work activities and the environment greater than certain recommended limits, including providing medical monitoring and cooling garments, and measuring workers' exposure to heat.

OSHA is convening another round of discussions with small business representatives regarding the impact of a new standard on their businesses.  It is likely that OSHA wants to implement a new specific heat exposure standard in the near future.