New federal rules could protect millions of workers from extreme heat

The U.S. Department of Labor has proposed new rules 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, suffering heatstroke and dying from exposure to high temperatures while on the job. 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 another important step in the public comment process to develop a final rule that is mutually beneficial and protective for workers while also 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 the new rules could provide protection for about 36 million workers nationwide, especially people of color who are more likely to work in jobs that could expose them to extreme heat.

The proposed rules come as the country continues to grapple with record-breaking heatwaves and extreme weather events, with more than 75 million people under heat-related alerts as of Tuesday.

Last year was the warmest year on record for global temperature measurements since 1850, when global temperature changes began to be documented.

Heat-related deaths have risen in recent years as the globe continues to grapple with more extreme weather, and the scientific consensus is that human-caused climate change is to blame. Between 1992 and 2022, an average of 34 heat-related workplace deaths were reported per year, according to the Bureau of Labor Statistics. In 2022 alone, there were 43 such deaths.

“Every worker should be able to go home safe and sound at the end of the day, which is why the Biden-Harris Administration is taking this significant step to protect workers from the dangers of extreme heat,” said Acting Secretary of Labor Julie Su.

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

The additional protections would kick in once the heat index reaches 90 degrees. At that point, employers would also have to provide at least a 15-minute paid rest break every two hours. They would also have to put in place a system to monitor workers for signs of heat-related illness or symptoms.

Passing the rule will be a difficult task in a tumultuous election year and in the face of strong opposition from wealthy lobbying groups.

The path to approval could be smoother if President Biden secures a second term, but former President Trump, the likely Republican nominee for that position, has suggested he intends to minimize federal oversight of private businesses and could block implementation of the rule.