In response to rising global temperatures and increasing heat waves, a proposed federal rule, aimed at safeguarding both indoor and outdoor workers, is currently under review at the White House.
The U.S. Occupational Safety and Health Administration, Washington, D.C., has been working on this national heat stress standard since 2021. The rule, which could mandate protections when the heat index reaches 80 degrees Fahrenheit, has yet to be made public.
Once the White House’s Office of Information and Regulatory Affairs completes its review, OSHA will publish the proposal for public comment. If the Biden administration moves swiftly, the new requirements could be in place by the summer of 2025, according to a report from Bloomberg Law.
More movement on heat protection advocacy
In Austin, Texas, Congressman Greg Casar, D-Texas, and Doug Parker, OSHA assistant secretary of labor, recently held a labor town hall to discuss the impacts of extreme heat on workers and the need for protective measures. At the event, Casar emphasized the need for federal intervention.
“Working shouldn’t be a death sentence,” he said at the event.” But with extreme heat that’s only getting worse, the federal government must step in to protect workers.”
Casar represents the 36th district in Texas including part of San Antonio, New Braunfels and Austin. Temperatures in the region are expected to be in the mid-90s for the rest of the month and an excessive heat warning is in place for the region.
Casar criticized Texas Governor Greg Abbott’s law banning local protections for rest breaks but assured that the Biden Administration is committed to delivering protections for all American workers.
“Knowingly putting workers at risk from the well-known hazards of extreme heat is irresponsible and wrong,” says Parker. “Intense heat can be harmful to workers both indoors and outdoors, and OSHA wants to ensure that all workers and employers have the tools to prevent heat-related illnesses and injuries.”
The reality of working in extreme heat
Terri Gerstein, director of the Labor Initiative at the Robert F. Wagner Graduate School of Public Service at New York University, highlighted the situation in a New York Times op-ed. She noted that in 2022, 43 people died from exposure to extreme heat while working, including a postal worker in Dallas and a farmworker in Florida.
“From fields to warehouses to restaurants, laborers are in danger of illness, injuries, and even death in this heat wave,” Gerstein wrote.
State and local responses to heat risks
While federal regulations are in the works, some states have already taken action. According to Gerstein, Washington, Minnesota, California, Oregon and Colorado have passed laws requiring employers to implement heat protections. States like New York, New Jersey and Massachusetts are considering similar legislation. Local governments, such as Phoenix, have also enacted heat ordinances for city contractors’ outdoor employees. However, states like Texas and Florida have preempted local regulations, complicating the implementation of worker protections.
Advocacy and education efforts
Unions and worker advocates are increasingly pressing for heat protections. Gerstein pointed out that the Teamsters recently secured air-conditioning in trucks and other heat protections in their latest collective bargaining agreement. The National Council for Occupational Safety and Health is training workers to advocate for their rights. Employers are encouraged to proactively implement heat safety measures, and government agencies are urged to educate the public and model good practices. Municipalities such as Los Angeles, Phoenix and Miami-Dade County have appointed chief heat officers to help address these issues.
“In the face of the heat this week, and what’s sure to come this summer and beyond, a varied approach across different levels of government and society is the only realistic path for the immediate future,” writes Gerstein. “Every worker should come home safe at the end of the day, even on the hottest day of the year.”
READ MORE: Those working outside should follow these basic tips to stay cool during periods of extreme heat.
