New federal rule could protect millions of workers from extreme heat

The U.S. Department of Labor has proposed a new rule that would require employers to develop injury and illness prevention plans to better protect workers from heat-related injuries and deaths.

“Workers across the country are fainting, getting heat stroke and dying from heat exposure just doing their jobs. Something must be done to protect them,” Doug Parker, deputy secretary of the Occupational Safety and Health Administration (OSHA), said in a statement Tuesday.

“Today’s proposal is an important next step in the process of receiving public input to create a final ‘win-win’ rule that protects workers while being practical and enforceable for employers,” Parker said.

Heat is the leading cause of weather-related deaths in the United States, killing more than 200 people last year. The department said new regulations could protect some 36 million workers nationwide, particularly people of color, who are more likely to work in jobs that expose them to extreme heat.

The proposed measure comes as the country grapples with record-breaking heatwaves and extreme weather conditions, with more than 75 million people under heat warnings on Tuesday.

Last year was the warmest year on record since global temperatures began to be measured in 1850.

Heat-related deaths have been on the rise in recent years as the world continues to experience more extreme weather events. The scientific consensus is that climate change caused by human activity is the culprit. According to the Bureau of Labor Statistics, there were an average of 34 heat-related workplace deaths per year between 1992 and 2022. There were 43 such deaths in 2022 alone.

“Every worker deserves to come home safe and sound at the end of the day, which is why the Biden-Harris administration is taking this important step to protect workers from the dangers of extreme heat,” said Acting Secretary of Labor Julie Su.

The Labor Department’s proposal would create a series of new protections based on two separate heat index thresholds. Under the first trigger, when the combined temperature and relative humidity reaches 80 degrees, employers would be required to provide drinking water and rest breaks.

Additional protections would go into effect when the heat index reaches 90 degrees. At that point, employers would also be required to provide a paid break of at least 15 minutes every two hours. They would also be required to have a system in place to monitor their workers for signs of heat-related illness or symptoms.

Finalizing the regulations will be an uphill battle in a tumultuous election year and amid fierce opposition from well-funded lobby groups.

The path to approval could be easier if President Biden wins a second term. However, former President Trump, the presumptive Republican nominee for office, has signaled his intention to minimize federal oversight of private companies and could block the rule’s implementation.

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