WASHINGTON (AP) — The Biden administration on Tuesday proposed a up-to-date rule to combat excessive heat in the workplace as tens of millions of people in the U.S. are under heat alerts due to sweltering temperatures.
If passed, the measure would protect an estimated 36 million U.S. workers from heat-related injuries in the workplace – creating the first major federal safety standard of its kind. Those affected by excessive heat in the workplace include farm workers, delivery and construction workers, landscapers and indoor workers in warehouses, factories and kitchens.
President Joe Biden had planned to highlight the rule on Tuesday when he receives a briefing on extreme weather events and delivers a speech.
Despite increased awareness of the health risks of high temperatures, there is a lack of protection against extreme heat – for people who are regularly exposed to temperatures above 27 degrees Celsius (80 degrees Fahrenheit).
Under the proposed rule, employers would be required to identify heat hazards, develop emergency plans for heat illness, and train employees and supervisors on the signs and symptoms of such illnesses. They would also be required to implement rest breaks, provide shade and water, and heat acclimate up-to-date employees – that is, build tolerance to higher temperatures.
Penalties for heat-related workplace violations would be significantly increased, analogous to those imposed for violations of Occupational Safety and Health Administration regulations, a senior White House official said.
An estimated 2,300 people will die from heat-related illnesses in the United States in 2023. According to the Centers for Disease Control and the National Oceanic and Atmospheric Administration, workers exposed to extreme heat for long periods of time are among those most at risk for health risks such as heat stroke and other illnesses.
As the hottest month of the year begins, millions of Americans are at higher risk of heat stroke, risky dehydration and heat-related cardiac stress.
The Department of Labor has been developing a standard for how workplaces should handle heat since 2021. Over the past year, OSHA has held meetings to learn how the proposed measures might affect petite businesses.
Heat protection laws in the United States have faced consistent opposition from industry, including chambers of commerce and other trade associations. Many say a blanket regulation would be arduous to enforce across such a broad range of industries.
California, Colorado, Oregon, Minnesota and Washington are the only states that have workplace standards for heat stress. Some of these regulations have recently come under attack by Republicans. Last year, Florida and Texas, led by two Republican governors, Ron DeSantis and Greg Abbott, passed laws prohibiting local governments from mandating heat protection for outdoor workers.
If the resolution is passed, the Democratic administration’s regulation would take precedence over the states’ measures. States with existing procedures for dealing with the heat would then have to take measures that are at least as strict as the federal regulation.
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