The Occupational Safety and Health Administration (OSHA) extended for five years a National Emphasis Program to address employee exposure to indoor and outdoor heat as states continue to enact their own standards addressing heat exposure.
OSHA’s directive continues its efforts to conduct employer outreach, compliance assistance and enforcement efforts as rising temperatures threaten employees who work outdoors and indoors. The agency also will conduct random inspections when the National Weather Service issues heat advisories or warnings, while continuing to respond to employee complaints and reported medical events.
OSHA added 22 new industries to its list of industries targeted for random inspections, including:
- Manufacturing of metalworking machinery, electrical equipment, furniture, steel, plastic, clay, cement and certain agricultural products
- General freight trucking
- Electric power generation, transmission and distribution
- Inland water transportation
- Telecommunications carriers
- Department stores
- Employment services
- Scheduled air transportation
In the meantime, Virginia is moving to join eight states (California, Kentucky, Maryland, Michigan, Minnesota, Nevada, Oregon and Washington[1]) with state-level heat illness standards. Legislation (SB 288 and HB 1092) enacted by the General Assembly and signed by Gov. Abigail Spanberger directs the Virginia Safety and Health Codes Board to enact a standard to govern workplace indoor and outdoor heat exposure by May 1, 2028. The bill directs the board to require employers to develop a standard that follows more prescriptive models with heat illness prevention plans, including requirements to:
- Provide water, access to shade or climate-controlled environments, acclimatization and training;
- Implement high-heat procedures; and
- Establish emergency response procedures.
Arizona, Georgia, Illinois, Massachusetts, New Jersey, New Mexico, New York, Pennsylvania and Rhode Island are proposing heat illness standards as well. Illinois, for example, is considering the Workplace Extreme Temperature Safety Act, which would direct the state to adopt a formal heat (and cold) illness standard. No such Illinois-specific regulation is currently in effect. New Mexico initiated formal rulemaking through its Occupational Health and Safety Bureau to adopt a comprehensive heat illness prevention rule — with requirements such as written plans, exposure assessments and training — but the standard is not yet finalized or in effect.
McGuireWoods attorneys are providing employers with heat illness plans and training that comply with OSHA guidance and varying state standards. For questions, contact the authors.
[1] Colorado has a heat standard for agricultural employers.