• _{Not applicable to HUB100 or GHR Hotline Clients}

August

“Heat Illness”

Topics to Discuss and/or Review

1. Review Heat Illness Standard Laws. For clients with access to the Forms Library, references to this section can be found in the folder “Safety and OSHA”.

• The Occupational Safety and Health Administration (OSHA) has issued a Notice of Proposed Rulemaking (NPRM) targeting heat exposure in workplaces throughout the United States. The proposed standard applies to all employers in general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. It covers both indoor and outdoor work environments affected by excessive heat, with some exceptions (e.g., consistently air-conditioned offices, short-duration exposures).
• Heat Triggers:
  • Initial Heat Trigger (80°F Heat Index or NIOSH Recommended Alert Limit Wet Bulb Globe Temperature): Requires employers to provide cool drinking water, break areas with cooling measures, and implement acclimatization protocols for new or returning workers.
  • High Heat Trigger (90°F Heat Index or NIOSH Recommended Exposure Limit Wet Bulb Globe Temperature): Requires additional measures, including mandatory paid rest breaks (15 minutes every two hours), observation for signs and symptoms of heat illness (e.g., buddy system or supervisor monitoring), and heat hazard alerts.
• If implemented in its current form, the Key Requirements under proposed law include:
  • Heat Illness Prevention Plan: Employers must develop and implement a written plan to evaluate and control heat hazards in the workplace.
  • Risk Assessment: Employers are required to assess heat risks and implement measures when heat levels pose a risk to workers.
  • Water, Rest, and Shade: The plan must include provisions for providing drinking water, rest breaks, and access to shade or cool areas.
  • Acclimatization: Employers must have procedures to help new or returning workers acclimatize to high heat conditions.
  • Training: Employers must provide training on heat illness prevention, recognizing symptoms, and first aid.
  • Emergency Procedures: Clear procedures must be in place to respond to heat-related emergencies.
• OSHA held informal public hearings on the proposed rule from June 16, 2025, through July 2, 2025. There is a post-hearing comment period open until September 30, 2025, for those who submitted a Notice of Intention to Appear. OSHA anticipates finalizing this regulation in late 2025 or early 2026, followed by a 150-day phase-in period.\
• Until a final federal standard is in place, OSHA continues to enforce heat safety through its National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards and the General Duty Clause. The NEP was recently extended through April 2026 and focuses on proactive inspections in high-risk industries. Targeted sectors include manufacturing, wholesalers, restaurants, retail, bakeries, landscaping, and construction.

2. Prepare for compliance with OSHA’s proposed rule:

• Develop and implement a written Heat Illness Prevention Plan
  • Assess the Risk: Identify the specific heat-related risks in your workplace. Consider factors like outdoor work, high temperatures, and humidity levels.
  • Define Roles and Responsibilities & Assign Responsibilities: Designate specific individuals or teams responsible for implementing and monitoring the heat illness prevention plan.
  • Develop Procedures
    • Water, Rest, and Shade: Ensure that employees have access to cool drinking water, regular rest breaks, and shaded or cool areas.
      • Water and Hydration
        • Provide sufficient cool drinking water close to the work area.
        • Encourage employees to drink water frequently.
      • Rest Breaks and Shade
        • Ensure employees have access to shaded or cool areas for rest breaks.
        • Schedule more frequent breaks during high heat conditions.
      • Emergency Procedures: Establish clear procedures for responding to heat-related emergencies, including recognizing symptoms and providing first aid.
    • Training
      • Train all employees and supervisors on heat illness prevention.
      • Cover topics such as recognizing symptoms, first aid, and the importance of hydration and rest.
    • Monitoring
      • Regularly monitor the temperature and heat index in the workplace.
      • Implement additional precautions when temperatures rise, such as increasing the frequency of breaks.
    • Acclimatization
      • Gradually increase workloads and allow more frequent breaks for new workers or those returning from an absence.
      • Ensure employees are acclimatized to the heat.
    • Recordkeeping
      • Maintain records of any heat-related illnesses and the measures taken to prevent them.
      • Document training sessions and monitoring activities.
    • Personal Protective Equipment (PPE)
      • Provide appropriate PPE to protect employees from heat exposure.
      • Ensure PPE does not contribute to heat stress.
    • Communication
      • Establish a system for communicating with employees about heat conditions and prevention measures.
      • Use signs, posters, and meetings to reinforce heat illness prevention.

• Check State law for specific Heat Illness Standard laws. Several states and localities have specific heat illness prevention requirement (see: https://www.osha.gov/heat-exposure/standards)

1. • Arizona has a state emphasis program (SEP) to reduce heat-related hazards for both indoor and outdoor workers. Under the SEP, ADOSH inspectors prioritize inspections in high-hazard industries and on days with high-heat warnings. The program emphasizes providing water, rest, and shade, as well as the importance of written heat safety plans. The state is also actively working on developing employer guidelines for heat safety. Governor Katie Hobbs signed an Executive Order to enhance worker safety during extreme temperatures. This order established a Workplace Heat Safety Task Force, which is tasked with drafting and recommending new "Heat Guidelines for Employers." These guidelines are intended to provide more specific and detailed recommendations than the general duty clause of the Occupational Safety and Health Act. The task force is expected to deliver its recommendations by the end of 2025.

• Some local governments in Arizona, such as Pima County, have taken their own steps. Pima County has a "Heat Ordinance" that requires contractors working under a county contract to have a Heat Injury and Illness Prevention Safety Plan. This demonstrates a growing recognition of the need for specific regulations to protect workers from heat.

1. • California enforces the Heat Illness Prevention in Outdoor Places of Employment standard and Cal/OSHA requires measures to protect workers in indoor workplaces where temperatures reach 87°F under the Heat Illness Prevention in Indoor Places of Employment standard. Both standards require employers to take specific actions, including providing water, access to cool-down areas, rest breaks, training and acclimatization when ambient temperatures reach a specified threshold.
   • Colorado's Heat Illness and Injury Protection Rules for Agricultural Employers apply on days when the temperature at an agricultural worksite is, or is forecast to be, at least 80 degrees Fahrenheit (F).
   • Maryland’s Occupational Safety and Health (MOSH) Division of Labor and Industry implements the Heat Illness Prevention Standard. The standard applies to all employers with employees whose employment activities, indoor or outdoor, expose them to a heat index that equals or exceeds 80 degrees Fahrenheit. When the 80-degree threshold is met, an employer must conduct heat monitoring and develop a heat illness prevention plan. Additional requirements apply in high-heat conditions when the heat index reaches or exceeds 90 degrees Fahrenheit in the area where work is being performed.
   • Minnesota implements a heat stress standard designed to protect indoor and outdoor workers against the risk of heat-related illnesses by requiring employers to take certain measures, including training workers who may be exposed to hot environments.
   • Nevada’s Division of Industrial Relations (DIR) implements a heat illness regulation, which requires businesses with more than 10 employees to perform a job hazard analysis of working conditions that could cause heat illness; develop and implement a detailed written safety program if the job hazard analysis identifies conditions that may cause heat illness; designate an individual who will contact emergency services if an employee is experiencing signs of heat illness; and provide training to employees identified in the job hazard analysis on specified topics. Exemptions from these requirements apply to employees who work indoors in climate-controlled environments.
   • Oregon's permanent Heat Illness Prevention Rules that apply whenever an employee performs work activities in indoor or outdoor environments where the heat index reaches or exceeds 80 degrees Fahrenheit.
   • Washington has rules regarding outdoor heat exposure protections that apply to all employers with employees performing work in an outdoor environment when they are exposed to outdoor heat.
   • Meanwhile, Florida and Texas have enacted laws prohibiting cities and counties within their borders from adopting their own heat illness prevention measures. This means that only state-level regulations will apply in Florida and Texas, and local governments cannot impose additional requirements on employers regarding heat safety.

1. • There are a few states that are considering implementing heat illness rules:

• Massachusetts: The Massachusetts legislature has been considering several bills that would establish protections for workers in hot conditions. These bills aim to create a standard for both indoor and outdoor work, with some proposals suggesting a trigger point for action when the heat index exceeds 80 degrees Fahrenheit. The Massachusetts Medical Society has also adopted a policy supporting the development of a state heat standard to protect workers.
• New Mexico: The New Mexico Environment Department's Occupational Health and Safety Bureau has petitioned to adopt a new "Heat Illness and Injury Prevention" rule. This proposed rule would require employers to implement a written plan, conduct heat exposure assessments, and provide control measures like fluids, cooling areas, and paid rest breaks when the heat index reaches or exceeds 80 degrees Fahrenheit. The process involves public comment and a hearing before a final rule is adopted.
• New York: New York has multiple bills in its legislative process aimed at regulating worksites for heat safety. The proposed "Temperature Extreme Mitigation (TEMP) Act" would require employers to create and implement heat illness prevention plans. This includes setting high heat temperature maximum exposure levels and ensuring measures like hydration and rest breaks are in place. The legislation is currently active and moving through the state's legislative process.

Tips

More information in reference to the topics discussed in this month’s compliance calendar can be found in our comprehensive online Forms Library, which is available to members 24/7.

Note: This calendar is designed to help our clients review the key human resources-related reporting and notice requirements that may apply to their organizations. Please note that this list is for general reference purposes only and is not all-inclusive. Many of the compliance requirements are complex ERISA or other statutory legal filings and responsibilities may vary depending on your company’s plans. We encourage you to consult with your insurance brokers, plan administrators and/or your ERISA and tax advisors for further guidance.

For the most current information on certain tax-related or benefit-related documents or forms provided by the IRS, or other sources, please check with a tax professional, benefit professional and/or the correlating websites (i.e. irs.gov/LatestForms, etc.).