OSHA Proposes Rule on Heat Injury and Illness Prevention

On August 30, 2024, OSHA published a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register. This is not a new process. In fact, on October 27, 2021, OSHA published an Advance Notice of Proposed Rulemaking (ANPRM). Given that gap of time, a lot of effort was spent prior to the publication of this NPRM.

What is an NPRM?

It is an early notification by OSHA that it is planning on creating a new standard before it is published as a Final Rule and becomes enforceable.

What is the significance of an NPRM?

The NPRM does several things:

• It supplies background information on:
  • OSHA’s reasoning in creating the standard.
  • Any studies referenced.
  • Proposed impacts to business both in cost and labor.
  • Rationale behind each section of the standard.
  • Information on how to comply.
  • The scope and application.
• It allows you to read the regulation, as proposed before it is finalized and becomes enforceable.
  • In this case, the proposed standard, § 1910.148 Heat Injury and Illness Prevention, applies to all employers except:
    • Where the heat index is below 80 degrees.
    • Short-term exposures of less than 15 minutes per hour.
    • Emergency responders and emergency services.

This new rule will apply to most individuals unless they are an emergency responder or work in an entirely air-conditioned environment.

What is OSHA’s rationale for the new rule?

• Between 2011 and 2022, 479 workers died from exposure to heat. That’s over 40 per year.
• Between 2011 and 2020, an estimated 33,890 workers missed time from work because of heat-related injuries. That’s 3,389 per year.

What do I need to do?

There are a few things you can do to prepare to comply with the new rule.

• Read the Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register.
• Assess how the new rule will affect your business.
• Let OSHA know of your thoughts and concerns.

In response to the last bullet above, keep in mind that OSHA is requesting comments on the proposed rule. You can provide information such as:

• Feasibility or your expected ability to comply.
• Additional references or studies you may have to either support or refute OSHA’s data.
• Recommendations to enhance employee safety.

Submit your comments by December 30, 2024, through electronic submission. Remember that all your comments are placed on the public docket and are available for public viewing.

Where do I go to get all this information?

• OSHA has a web page that links to information about the proposed rule, background information, and resources.
• See the page at: https://www.osha.gov/heat-exposure/rulemaking

To ready your operation for the upcoming Heat Injury and Illness Prevention rule, you can:

• Read the NRPM.
• Assess the effect on your business.
• Provide comments to OSHA.

Remember, Walden Environmental Engineering is here to help you interpret, understand, and comply with all applicable regulatory requirements. Contact our EHS team at 516-789-2972 to discuss the NPRM (or any other safety matters) with a knowledgeable consultant today!