The Biden administration has put forward a new proposal to tackle excessive heat in the workplace, as tens of millions across the U.S. face heat advisories amid soaring temperatures.
If enacted, the rule would protect about 36 million U.S. workers from heat-related injuries, marking the first significant federal safety standard of this nature.
This measure would benefit workers such as farmworkers, delivery and construction workers, landscapers, and indoor employees in warehouses, factories, and kitchens.
President Joe Biden was set to emphasize the importance of this rule on Tuesday during a briefing on extreme weather and subsequent remarks.
Despite growing awareness of the health risks posed by high temperatures, protections against extreme heat — particularly for those exposed to heat index readings above 80 degrees Fahrenheit, 27 degrees Celsius — have been slow to develop.
The proposed regulation would mandate that employers identify heat hazards, devise emergency response plans for heat illnesses, and train employees and supervisors to recognize the signs and symptoms of such illnesses.
Employers would also be required to implement rest breaks, provide shade and water, and ensure new workers build heat tolerance through acclimatization.
Penalties for heat-related workplace violations would significantly increase, aligning with those issued for breaches of Occupational Safety and Health Administration regulations, according to a senior White House official.
In 2023, approximately 2,300 people in the U.S. succumbed to heat-related illnesses. Workers exposed to extreme heat for prolonged periods are particularly susceptible to health risks like 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 begins, millions of Americans face heightened risks of heat strokes, severe dehydration, and heat-related cardiovascular stress.
Since 2021, the Labor Department has been working on a standard for managing workplace heat, with OSHA having conducted meetings last year to understand the proposed measures’ impact on small businesses.
Efforts to enact heat protection laws in the U.S. have met steady opposition from industry groups, including chambers of commerce and business associations, which argue that a universal mandate would be challenging to implement across diverse industries.
Currently, only California, Colorado, Oregon, Minnesota, and Washington have workplace standards for heat exposure.
Recently, some regulations have faced opposition from Republicans. Over the past year, Florida and Texas, under the leadership of Gov. Ron DeSantis and Gov. Greg Abbott, both Republicans, passed laws preventing local governments from imposing heat protections for outdoor workers.
If finalized, the Biden administration’s rule would supersede state measures, requiring states with existing heat regulations to adopt measures at least as stringent as the federal standard.
