Notice to Employers with 10 or more Employees: Proposed New Rule: OSHA Heat Injury and Illness Prevention

OSHA to put Mr. Heat Miser’s impact on your Employees in Check

Notice to Employers with 10 or more Employees: Proposed New Rule: OSHA Heat Injury and Illness Prevention

OSHA is proposing to issue a new standard, titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. 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, with some exceptions. The proposed rule is a programmatic standard that requires employers to create a heat injury and illness prevention plan to evaluate and control heat hazards in their workplace. It establishes requirements for identifying heat hazards, implementing engineering and work practice control measures at or above two heat trigger levels (i.e., an initial heat trigger and a high heat trigger), developing and implementing a heat illness and emergency response plan, providing training to employees and supervisors, and retaining records. The proposed rule would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors, with some exceptions. It would more clearly set forth employer obligations and the measures necessary to effectively protect employees from hazardous heat. OSHA requests comments on all aspects of the proposed rule.

What should you do right now? The rule has not yet taken effect. If you would like to submit comments to OSHA regarding this new rule you may do so at the address mentioned below. In the meantime, you can reach out to your local business and labor and employment attorney to assist you with preparation or compliance with the proposed rule.

For more information you can reach out to Tanzi Cannon at General Counsel by Cannon, PLLC. at t.cannon@gcbycannon.com, 413-369-9225 or go to  www.GCbyCannon.com. 

DATES:

Comments to this new proposed rule (including requests for a hearing) and other information must be submitted by December 30, 2024. Informal public hearing: OSHA will schedule an informal public hearing on the proposed rule if requested during the comment period. If a hearing is requested, the location and date of the hearing, procedures for interested parties to notify the agency of their intention to participate, and procedures for participants to submit their testimony and documentary evidence will be announced in the Federal Register.

ADDRESSES:

Written comments: You may submit comments and attachments, identified by Docket No. OSHA-2021- 0009, electronically at https://www.regulations.gov, which is the Federal e-Rulemaking Portal.

This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between General Counsel by Cannon and any recipient. Recipients should consult with counsel before taking any actions based on the information contained

within this material. This material may be considered attorney advertising in some jurisdictions.

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