By Erin Natoli
Amid a summer of record-breaking heat, a proposed new federal rule aimed at protecting workers nationwide from heat related illnesses could have a significant impact on Southwest Florida employers. This month, the federal Occupational Safety and Health Administration (OSHA) released a regulatory proposal the agency says will better protect 36 million workers nationwide – those laboring both indoors and outside.
From 2011 to 2022, an average of 40 U.S. workers died each year from excessive heat in the workplace, the government reports. And from 2011 to 2020, an annual average of 3,389 work-related heat injuries and illnesses caused employee absences from work.
To combat heat related illnesses in the workplace, OSHA has proposed a comprehensive set of rules and regulations for employers to adapt according to size and workplace activities. The proposal has been in the works for three years and is currently in the public comment stage of approval.
What does the OSHA Workplace Rule propose?
The OSHA rules are particularly relevant here in Southwest Florida, where daily temperatures routinely hover in the 80s and 90s for up to eight months of the year.
Eighty degrees is the “initial heat trigger” in OSHA’s proposal. Employees who are exposed to 80-degree temperatures for more than 15 minutes in any 60-minute period of time activate a series of protections that employers must outline and incorporate for all workers exposed to heat on the job.
These protections must be listed by employers with more than 10 employees in a written heat injury and illness prevention plan known as HIIPP. The plan would include:
- A detailed list of the work activities covered
- A temperature monitoring plan for indoor and outdoor workers, plus the means in which to monitor temperatures
- An explanation of how the employer complies with the OSHA standards including offering shaded or air-conditioned spaces for workers to cool off and plenty of accessible, cool drinking water for each employee
- Emergency phone numbers and procedures to be followed in the event of a heat-related illness
- Establish a heat safety coordinator with the authority to ensure compliance with all aspects of the HIIPP
Even more protections are triggered when temperatures hit 90 degrees in OSHA’s proposal.
Known as the “high heat trigger,” 90 degrees means employees will get 15-minute paid rest breaks every two hours, plus employers are obligated to issue a hazard alert to notify workers of high temperatures and provide extra monitoring for signs of heat-related illness in employees.
Will OSHA’s proposal impact state laws in Florida?
The OSHA rule stands in contrast to state legislation passed in Florida earlier this year that prohibits local and municipal governments from implementing their own heat-related protections for workers. The law went into effect on July 1.
An estimated two million Floridians work outdoors. Proponents of the legislation argued that allowing local governments to require mandatory breaks, shade and water would negatively impact businesses throughout the state.
While local governments may not be allowed to mandate rules related to high temperatures, Florida falls under federal OSHA jurisdiction, which covers most private-sector workers within the state. That means that if OSHA’s proposed rule is passed, employers will have to create a plan to protect employees in Florida.
What does this mean for Florida employers?
Nothing yet, but now may be a good time for companies to evaluate existing heat-related plans and determine whether the elements OSHA proposes are included.
OSHA’s proposal is a set of guidelines that can be customized as it relates to companies of various sizes, industries and job duties. However, writing a HIIPP, training workers, communicating with employees during high heat events and many other specifics outlined in OSHA’s rule could be a demanding task for companies with no existing plans in place. Partnering with a professional employer organization, known as a PEO, can help business owners save time by taking on responsibilities like these.
In addition, the public comment phase of OSHA’s proposal allows small businesses and others impacted by the proposed rules to share their questions, comments, support or concerns.
Erin Natoli is the Risk Manager at Integrity Employee Leasing, a professional employer organization (PEO).
