The deadline to submit a Notice of Intention to Appear (NOITA) at an informal public hearing on an Occupational Safety and Health Administration (OSHA) proposed rule on indoor and outdoor heat injury and prevention is May 2. 

OSHA published the Heat Injury Illness Prevention in Outdoor and Indoor Work Settings proposed rule on Aug. 30. A public comment period closed Jan. 14 and a virtual informal public hearing is set for June 16. 

An NOITA is needed to provide oral testimony, documentary evidence, or question witnesses at the hearing, according to OSHA. A NOITA can be submitted here. 

The standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction, the rule says. 

“Heat is the leading cause of death among all weather-related phenomena in the United States,” the proposed rule says. “Excessive heat in the workplace can cause a number of adverse health effects, including heat stroke and even death, if not treated properly. Yet, there is currently no Federal OSHA standard that regulates heat stress hazards in the workplace.”

Between 1992 and 2022 the Bureau of Labor Statistics (BLS) documented 1,042 U.S. worker deaths due to occupational exposure to environmental heat, the rule says. This averaged 34 fatalities per year during the period. 

The BLS Survey of Occupational Injuries and Illnesses (SOII) estimates 33,890 work-related heat injuries and illnesses that involved days away from work between 2011 and 2022. This averaged 3,389 injuries and illnesses each year during the period. 

According to Morgan Lewis, an international law firm,  the proposed rule has two applicable heat thresholds. 

An “initial heat trigger” equal to a heat index of 80 degrees or a “wet bulb globe temperature” equal to the National Institute for Occupational Safety and Health (NIOSH) Recommended Alert Limit. The second is a “high heat trigger” equal to a head index of 90 degrees or a wet bulb globe temperature equal to NOISH’s Recommended Exposure Limit. 

Wet bulb globe temperature measures ambient air temperature, humidity, radiant heat, and air movement. 

Employers have the flexibility to choose which measure of heat they want to use, Morgan Lewis says. 

The rule has monitoring requirements for both indoor and outdoor work areas. 

Indoor work areas would be required to identify work areas where there is a “reasonable expectation” of exposure to heat thresholds, Morgan Lewis says. It adds employers must develop a monitoring plan where exposure is likely and maintain records of on-site heat measurements for six months. 

Any changes to production, process, equipment, controls, or a substantial increase in outdoor temperature that could increase heat exposure indoors, require employers to reevaluate affected indoor work areas and update plans. 

Outdoor work areas require employers to track local heat index forecasts or measure with the heat index or wet bulb globe with “sufficient frequency” to determine employee exposure to heat. 

Morgan Lewis says that when heat thresholds are reached, employers are required to perform the following: 

• • “Provide access to potable drinking water in easily accessible areas, at a suitably cool temperature, and in quantities of one quart per employee per hour;
  • “Allow and encourage paid rest breaks in designated break areas with artificial shade, natural shade, or air conditioning;
  • “Implement acclimatization plans for new employees and employees returning from a 14-day break;
  • “Maintain effective and regular two-way communication with employees;
  • “If using cooling personal protective equipment, ensure that cooling properties are maintained at all times during use
  • “Additionally, for indoor work areas only, employers must implement one of the following controls:
  • “Increase air movement (and if appropriate dehumidification);
  • “Air conditioning; or
  • “In cases of radiant heat sources, other measures to effectively reduce employee exposure.”

If high heat triggers are met, employers are required to: 

• • “Provide employees with hazard alerts pre-shift or upon determining the high heat trigger has been met; hazard alerts must include the importance of drinking water, employees’ right to take rest breaks, how to seek help for heat emergency, and the location of break areas and drinking water.
  • “Provide 15-minute paid breaks every two hours in designated break areas with artificial shade, natural shade, or air-conditioning
  • “Implement one of the following methods for observing employees for signs and symptoms of heat illness: Mandatory buddy system; or Observation by supervisor or heat safety coordinator.
  • “For employees alone at the worksite, the employer must maintain effective two-way communication and contact employees every two hours
  • “Place warning signs for indoor work areas with ambient temperatures regularly in excess of 120 degrees Fahrenheit.” 

Employers also would be required to create a Heat Injury and Illness Prevention Plan (HIIPP), train employees, consult with employees, and not place the cost of implementation on employees, such as paying the normal rate of pay when employees are required to rest to prevent overheating. 

In a public comment, the National Small Business Association (NSBA) said the proposed rule is “overly broad” and “duplicative” of other programs in place to combat potential dangers of extreme heat in the workplace.

NSBA urged OSHA to avoid addressing outdoor and indoor heat in a single rulemaking. 

“What’s more, industries including but not limited to construction already require safety plans,” NSBA says. “The industry-specific standards are also reinforced by OSHA with its Outreach Training Program; for example, a key NSBA member within the construction industry has undergone this program and touts its OSHA 30-Hour Card as part of its holistic approach and commitment to safety.” 

The National Federation of Independent Business (NFIB) asked OSHA to cease the rulemaking in its public comment. 

“If OSHA does not cease the rulemaking, OSHA should ensure that any resulting rule accommodates the needs of America’s small businesses and the American economy,” the letter says. 

It says that employers and employees have a moral and financial interest in protecting employees from the ill effects of heat at work. 

“In the unfortunate situations in which heat injuries nevertheless occur, unemployment compensation, health insurance, and life insurance systems can mitigate the adverse impact on workers and their families,” NFIB says. 

California’s OSHA Standards Board passed indoor extreme heat rules in 2024, which were implemented in July. Nevada passed a new heat illness regulation for indoor and outdoor work environments in November, which immediately went into effect. 

Oregon and Minnesota also have regulations on heat in working environments indoors and outdoors, while Washington and Colorado have rules addressing heat and outdoor working environments.

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