On July 2, 2024, Federal OSHA released a draft statement of its proposed rule to regulate indoor and outdoor workspaces. Under this ruling, when the heat index reaches certain triggers, employers must set specific requirements to ensure safety for all employees.
Our team previously released guidance regarding this legislation, keeping our members informed as it began to develop. As it continues to develop, you can rely on NTMA to keep you in the know on how to proceed to ensure compliance.
Allow us to explain the precise requirements of this proposed ruling and discuss how NTMA continues to advocate on behalf of our members.
Employer Protocols Under This Proposed Plan
OSHA’s proposed ruling would require:
- The addition of heat illness and emergency response procedures
- Appropriate training for employees and supervisors
- A formal heat injury and illness prevention plan (HIPP)
- Written or electronic records of indoor monitoring data
This draft has set the initial trigger at a heat index of 80 degrees Fahrenheit. At this temperature, employers would need to require the following:
- Access to break areas with cooling measures and drinking water
- Acclimatization protocols for new and returning unacclimatized workers
- Paid rest breaks (if needed) to prevent overheating
- Regular and effective two-way communication
At a high-heat trigger of 90 degrees Fahrenheit, additional requirements must go into effect, including:
- Mandatory 15-minute breaks every 2 hours
- Suitably cool water made available to employees
- Hazard alerts to remind employees of key parts of the HIPP
Is this a first-of-its-kind policy?
Members living in specific states and regions will be familiar with indoor and outdoor high-heat regulations. Washington, Minnesota, Oregon, and California each have their own rules, as does Maricopa County in Phoenix. If this regulation goes into effect nationally, it’s important to note that these areas must follow the more stringent law, whether dictated by the state, region, or nation.
Are there any exceptions?
While there is no small business exception, employers with 10 or fewer team members don’t have to have a written injury prevention plan. They would still be required to comply with all the other requirements in this proposed rule, however.
The Projected Course of Action and Timeline
Following the release of this draft, we anticipate the following stages to go into effect on an indefinite timeline:
Publication Date
At present, this proposed rule has not been published in the federal register but it may be added any day.
Comment Period
Once it’s published, a 120-day comment period will kick off. At this time, NTMA will be filing comments as we have in the past, raising concerns about the one-size-fits-all approach across all industries and even within the manufacturing sector.
Final Ruling
At the end of this comment period, regulators will review all comments, and a hearing might occur before the final ruling. Following the publication of this rule, a compliance period would be set, dictating when manufacturers would need to achieve compliance.
The exact details of this depend on the outcome of the 2024 presidential election. If Kamala Harris is in office, we expect this rule could go into effect in late 2025 or 2026. If Donald Trump is in office, we don’t expect the rule to go forward in its current form.
No matter the exact outcome, we anticipate resulting lawsuits based on the Chevron deference decision made by the Supreme Court in late June 2024. There will be challenges to this 80-degree threshold, stating that it’s an arbitrary number.
Where NTMA Comes In
As mentioned above, NTMA will be active during the 120-day comment period. While we understand the importance of workplace safety and place employee well-being above all else, we take issue with the rule’s one-size-fits-all approach. Here’s what we mean:
- Industry nuances: This one-size-fits-all policy would apply to all sectors, from restaurant staff to office workers to contractors to individuals working on wind turbines. At NTMA, we believe in the notion that placing an umbrella regulation over all industries doesn’t take into account the nuances of various industries and even the nuances across the manufacturing industry.
- Regional discrepancies: NTMA has members across the country, and 80 degrees is very different across different regions. A 90-degree day would not be out of the ordinary for our Arizona chapter, but this high temperature would be a different story in New England or the Pacific Northwest.
So, what’s NTMA’s advice to manufacturers? Our argument has been to follow the National Weather Service. When this organization releases heat warnings in your region, that’s when employers should offer these accommodations to employees.
As this draft is still new, you can count on NTMA’s advocacy team, OneVoice, to work tirelessly on behalf of our members. While we continue to provide our comments, we encourage you to offer your insights and perspectives on this ruling. There is power in numbers!
Learn more about how NTMA membership can help you navigate current and future regulations.
