Biden administration proposes rule for workplaces to deal with excessive heat

WASHINGTON – The Biden administration on Tuesday proposed a new rule to address excessive heat in the workplace, as tens of millions of people in the U.S. are under heat warnings due to soaring temperatures.

If finalized, the measure would protect an estimated 36 million U.S. workers from injuries related to heat exposure on the job – establishing the first major federal safety standard of its kind. People affected by excessive heat in the workplace include agricultural workers, delivery and construction workers, landscapers, as well as indoor workers in warehouses, factories and kitchens.

President Joe Biden planned to highlight the rule on Tuesday when he hosts a briefing on extreme weather and delivers remarks.

Despite growing awareness of the risks that high temperatures pose to human health, extreme heat protection – for those routinely exposed to heat index readings above 80 degrees Fahrenheit (27 degrees Celsius) – were left behind.

Under the proposed rule, employers would be required to identify heat hazards, develop emergency response plans related to heat illnesses, and provide training to employees and supervisors on the signs and symptoms of such illnesses. They would also have to establish rest breaks, provide shade and water, and heat acclimatization – or building tolerance to higher temperatures – for new workers.

Penalties for heat-related violations in workplaces would increase significantly, in line with workplaces issuing fines for violations of Occupational Safety and Health Administration rules, a senior White House administration official said.

An estimated 2,300 people will die in the U.S. from heat-related illnesses in 2023. Workers with prolonged exposure to extreme heat are among the most vulnerable to related health risks such as heatstroke and other illnesses, according to the Centers for Disease Control and the National Oceanic and Atmospheric Administration.

As the hottest month of the year approaches, millions of Americans will be at greater risk of heatstroke, dangerous dehydration, and heat-related cardiac stress.

The Department of Labor has been developing a standard for how workplaces handle heat since 2021, with OSHA holding meetings last year to hear about how the Proposed measures could affect small businesses.

Thermal protection laws in the US have faced constant industry opposition, including from chambers of commerce and other business associations. Many say it would be difficult to implement a blanket mandate across such a wide range of industries.

California, Colorado, Oregon, Minnesota and Washington are the only states with workplace heat exposure standards. Some regulations have recently come under attack from Republicans. Over the past year, Florida and Texas, led by Governor Ron DeSantis and Governor Greg Abbott, both Republicans, have passed legislation preventing local governments from requiring thermal protections for outdoor workers.

If finalized, the Biden administration’s rule would supersede state measures, and states with existing procedures for dealing with heat would have to institute measures that are at least as stringent as the finalized federal rule.

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