OSHA Proposes New Heat Injury/Illness Rule

The Occupational Safety and Health Administration (OSHA) recently released a long-awaited proposal aimed at preventing worker heat injuries and illnesses in both indoor and outdoor environments. OSHA originally started promulgating the rulemaking in October 2021. NRMCA worked individually and with the Coalition for Workplace Safety to oppose the agency’s efforts.

OSHA’s expansive proposal would largely apply to all employers, exempting those that, in part, observe air conditioned work places, telework and observe short duration exposure. Unless exempted, employers would be required to “develop and implement a work site injury and illness prevention plan (HIIPP)” that is site-specific. For employers with more than 10 employees, the HIIPP would have to be a written plan.

HIIPPs would require:

1. Identifying heat hazards (indoor and outdoor); a. including monitoring “heat conditions by tracking local heat index forecasts or measuring heat index or wet bulb globe temperature”
2. Implementing control measures once the “Initial Heat Trigger (heat index above 80) is met or exceeded; a. control measures include providing drinking water, designating break areas, work area controls, rest breaks, acclimatization plans for new/returning workers, communication to employees about control measures.
3. Implementing additional control measures once the “High Heat Trigger” (heat index of 90) is met or exceeded; a. Control measures include rest breaks (15 minutes every 2 hours), hazard alerts and the buddy system to observe for signs of heat illness.
4. Develop a heat emergency response plan
5. Provide initial and refresher training on the HIIPP to employees
6. Maintain records, and
7. Ensure the HIIPP doesn’t push costs onto employees

Once the proposal is published in the Federal Register, OSHA will accept public comments for at least 30 days. NRMCA looks forward to communicating with OSHA about how the proposal impacts ready mixed concrete producers. NRMCA will continue to work on behalf of its membership, in coordination with industry and coalition partners to achieve beneficial industry outcomes. 

Click here to review the proposal text, fact sheet and OSHA press release. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.