Biden Proposes New Workplace Heat Protection Rules

WASHINGTON – President Joe Biden proposed new rules Tuesday to address excessive heat in the workplace, warning — with heat warnings in effect for tens of millions of people in the U.S. — that high temperatures are the leading cause of weather-related deaths in the country.

If finalized, the measure would protect about 36 million U.S. workers from injuries related to heat exposure in the workplace — establishing the first major federal safety standard of its kind. Those affected by excessive heat in the workplace include agricultural workers, delivery and construction workers, landscapers, and workers inside warehouses, factories and kitchens.

Biden said the proposed legislation is one of five steps his Democratic administration is taking to combat extreme weather events as Hurricane Beryl batters the Caribbean, heralding the arrival of summer.

Biden used his remarks at the D.C. Emergency Operations Center to criticize Republican lawmakers who deny the existence of climate change, saying, “It’s not just outrageous, it’s stupid.” Biden noted that climate change has human and financial costs, saying that weather-related damage cost the economy $90 billion last year.

“More people die from extreme heat than from floods, hurricanes and tornadoes combined,” Biden said. “These climate-driven extreme weather events don’t just affect people’s lives. They cost money. They devastate economies and have significant negative psychological impacts on people.”

The Democratic president, who is seeking re-election in part because of his environmental record, said the Federal Emergency Management Agency is also finalizing a rule that would address potential flood risks for federal construction projects.

In addition, FEMA announced $1 billion in grants to help communities cope with natural disasters, while the Environmental Protection Agency released a new report on the impacts of climate change. Finally, Biden said his administration will host a conference in the coming months titled the “White House Extreme Heat Summit.”

Despite greater awareness of the risks that high temperatures pose to human health, protection from extreme heat — for people regularly exposed to temperatures above 27 degrees Celsius (80 degrees Fahrenheit) — lags behind.

“The purpose of this rule is simple,” a senior White House official told reporters. “It is to significantly reduce the number of work-related deaths, injuries and illnesses suffered by workers exposed to excessive heat … while performing their duties.”

Under the proposed rule, employers would be required to identify heat-related hazards, develop emergency response plans for heat-related illnesses and provide training to workers and supervisors on the signs and symptoms of such illnesses. They would also be required to schedule rest breaks, provide shade and water, and acclimate new workers to the heat — or build a tolerance for higher temperatures.

Penalties for heat-related workplace violations will increase significantly, a senior White House official said, in line with how workplaces are penalized for violating Occupational Safety and Health Administration rules.

An estimated 2,300 people will die from heat-related illnesses in the U.S. in 2023. Between 1992 and 2022, a total of 986 workers in all industries died from heat exposure in the U.S., with construction accounting for about 34% of all heat-related occupational deaths, according to the Environmental Protection Agency. During that time, 334 construction workers died from heat exposure at work.

As the hottest month of the year approaches, millions of Americans will be at increased risk for heatstroke, dangerous dehydration and heat-related heart problems.

The Labor Department has been developing a standard for dealing with heat in workplaces since 2021. OSHA held meetings last year to learn how the proposed measures might affect small businesses.

The AFL-CIO praised the initiative. “If finalized, this new rule would address some of the most basic health and safety needs of workers,” said AFL-CIO President Liz Shuler.

Heat protection regulations in the U.S. have faced consistent opposition from industry, including chambers of commerce and other business associations. Many argue that a blanket mandate would be difficult to implement across such a broad range of industries.

California, Colorado, Oregon, Minnesota and Washington are the only states with standards for heat exposure in the workplace. In the past year, Florida and Texas, led by Gov. Ron DeSantis and Gov. Greg Abbott, both Republicans, have passed legislation requiring local governments to comply with state and/or federal heat protection regulations.

If the Biden administration’s rule takes effect, it would supersede state standards, and states that already have heat-management procedures in place would be required to implement measures at least as stringent as those in the final federal rule.

OSHA’s plan was announced as the EPA released a new report on climate change indicators in the U.S. The report, last updated in 2016, presents data showing the ongoing and far-reaching effects of climate change in the U.S. This year’s report added heat-related workplace deaths and marine heat waves as indicators of climate change.

The report lists 57 indicators regarding the causes and effects of climate change.

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Associated Press writers Matthew Daly and Josh Boak contributed to this article.

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