Biden administration proposes new thermal protections for workers

The Biden administration says it will propose new rules today to protect workers from the deadliest climate risk Americans face: extreme heat. The Labor Department’s Occupational Safety and Health Administration (OSHA) is expected to publish its new thermal protections in the federal register today, Biden administration officials said in a conference call yesterday.

The rules should prevent heat-related illnesses and deaths at work. Heat already kills many more people in the USA than hurricanes, floods, tornadoes or any other weather-related disaster. Global warming is just making the problem worse, leading to longer, more frequent and more intense heat waves. The proposed rules are intended to allow workplace protections to keep up with this reality.

Under the new rules, employers would need to come up with plans to prevent heat-related injuries and illnesses. This includes designating a thermal safety coordinator and having procedures in place to respond to symptoms of heat illnesses such as muscle cramps, nausea and fainting.

They would also have to monitor workplaces for potentially dangerous conditions. A heat index of 80 degrees Fahrenheit, which takes into account both heat and humidity, would trigger a set of requirements to keep workers safe. Employees working in this heat would need access to drinking water and a rest area where they could cool off, for example. A heat index of 90F or higher would trigger more requirements, including 15-minute paid breaks every two hours of work. Rest breaks can help people acclimate to the heat, according to Biden administration officials present on the call.

The rule is expected to cover about 35 million workers who are routinely exposed to heat risk — including people who work in construction, agriculture and other outdoor jobs. It does not cover telecommuters or people who work indoors with air conditioning that consistently keeps temperatures below the heat index limits established in the rules. It also does not include state and local government employees who are not covered by OSHA or certain first responders.

The proposal has been in the works for a few years – the Biden administration announced it would begin the rulemaking process in September 2021. “While we have all seen the graphic and heartbreaking images of superstorms, wildfires and floods in recent weeks, another climate disaster is lurking just below the radar: extreme heat,” President Joe Biden said in a declaration at the time.