On July 13, 2023, an agricultural worker took a break while enduring the heat in a tomato field as a heat wave affected areas near Winters, California.
Loren Elliott | Reuters
The Biden administration proposed a new rule on Tuesday to address overheating in workplaces as tens of millions of people in the United States are under heat warnings as temperatures rise.
If finalized, the measure would protect approximately 36 million U.S. workers from injuries caused by heat exposure on the job, establishing the first major federal safety standard of its kind. People affected by overheating in the workplace include farm workers, delivery and construction workers, landscapers and indoor workers in warehouses, factories and kitchens.
President Joe Biden plans to emphasize the rule when he receives a briefing on extreme weather and delivers remarks on Tuesday.
Despite growing awareness of the risks heat poses to human health, extreme heat protection measures still lag for those regularly exposed to heat index readings above 80 degrees Fahrenheit (27 degrees Celsius).
Under the proposed rule, employers would be required to identify heat hazards, develop emergency plans related to heat illness, and provide training to employees and supervisors on the signs and symptoms of such illnesses. They must also give new workers rest breaks, provide shade and water, and thermal acclimatization—or building tolerance to higher temperatures.
Penalties for workplace heat-related violations will increase significantly, a senior White House administration official said, consistent with penalties for workplace violations of Occupational Safety and Health Administration rules.
It is estimated that 2,300 people in the United States will die from heat-related illnesses in 2023. , such as heatstroke and other illnesses.
As the hottest months of the year approach, millions of Americans will be at greater risk of heat stroke, dangerous dehydration and heat-related heart disease.
The Labor Department has been setting standards for how workplaces should deal with heat since 2021, and OSHA held a meeting last year to learn how proposed measures would impact small businesses.
Heat protection laws in the United States have faced opposition from industry, including from the Chamber of Commerce and other business associations. Many say blanket mandates would be difficult to implement across such a wide range of industries.
California, Colorado, Oregon, Minnesota and Washington are the only states with standards for workplace heat exposure. Some regulations have recently come under attack from Republicans. Last year, Florida and Texas, under Republican governors Ron DeSantis and Greg Abbott, passed legislation prohibiting local governments from requiring outdoor workers to provide heat protection.
If finalized, the Democratic administration’s rules would override state measures, and states with existing heat procedures would have to adopt measures at least as strict as the finalized federal rules.
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