Unions, state officials hope long-awaited workplace heat rules are in final stretch

Gas pipeline excavation at a construction site. Getty Images photo.

After nearly four years of discussion, and a week after a Baltimore sanitation worker died of heat-related causes, proposed state regulations to protect workers from heat stress are nearing the final stages of review.

The proposed regulations were published by the Division of Labor and Industry on July 26, starting a 30-day public comment period. A hearing has been scheduled for next Friday, Aug. 16, and barring any major changes, the new rules could be in place by early fall.

Denise Gilmore, Legislative Director with American Federation of State, County and Municipal Employees Council 3, said the proposed regulations aren’t perfect, but are much better than going without regulations.

“We are largely very positive about the proposed regulations,” she said. “It’s been a long time coming. It’s only getting hotter.”

The regulations offer a unified standard to avoid heat stress, but provide flexibility for employers to tailor methods and strategies to the needs of their workplaces. Once they take effect, Maryland will be one of only a handful of states that “have any protection from heat for workers,” said Maryland Commissioner of Labor and Industry Devki Virk.

“The last few summers, this one and the previous one, we’ve experienced significant weather conditions. “Which really underscores why having heat-related protections – specifically aimed at heat and working people who have to work in hot conditions – why that’s so important,” Virk said.

The Maryland Department of Health reported that 18 adults had died from heat-related illnesses this year as of Aug. 3, the highest number of such deaths since 2020. That number will likely rise, as there are still two months left in the annual “heat season” this year.

At least one of those deaths was work-related: Ronald Silver II died Aug. 2 due to heat-related illness while on the job with the Baltimore City Department of Public Works’ Bureau of Solid Waste. The city suspended trash pickup on Tuesday so workers could attend mandatory heat safety training.

“This should be a wake-up call to the leadership of the Department of Public Works that changes need to be put in place as soon as possible and that our members’ health and safety needs to be taken seriously,” AFSCME Maryland Council 3 said in a social media post.

The proposed regulations stem from a 2020 law that directed the commissioner of Labor and Industry and the Maryland Occupational Safety and Health Advisory Board to develop regulations that protect employees from heat stress and dangerous heat-related illnesses. The legislation initially required the new regulations to be in place by 2022, but that didn’t happen.

The regulations began development under the Hogan administration, but union members and workers felt the initial draft was inadequate.

“They dragged their feet. That took them over two years to release the standard. And the standard they released was just terrible to be truthful,” Gilmore said. “They were a page, maybe a page and a half long, and it didn’t include any of the recommendations that OSHA (Occupational Safety and Health Administration) has put forth.”

The Moore administration took over development of the regulations in 2023, essentially starting again from scratch, Virk said.

Another two years later, the regulations have made headway.

“We were excited to see this published, finally,” Gilmore said. “Once this public comment period is done, we would expect it to move pretty quickly, barring that the board doesn’t make significant changes.”

If there are major adjustments to the proposal, state officials would have to start some of the process over – publishing the revised rule and starting another 30-day public comment period.

What’s in the proposed regulations?

Virk said that in the numerous discussions with industry representatives and employers, officials found that many workplaces already have at least some heat stress protocols in place.

“The industries themselves… know what the conditions are and they have, to some degree, adapted to them,” she said. “This just provides a uniform platform for all similarly situated businesses and their workers.”

Under the proposed regulations, employers would have to provide water and options for shade. If shade is not available, employers can provide tents or umbrellas, or offer workers other means of cooling down.

Rest breaks would be required, and employers would have to increase the time employees are allowed to rest as the heat index rises.

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At a 90-degree heat index, workers would get a minimum 10 minutes of rest every two hours. At a 100-degree heat index or higher, it would increase to at least 15 minutes every hour. If there is ample air conditioning available, employers would not have to provide the additional breaks.

Employers may not discourage additional breaks as needed to prevent heat-related illnesses, and they would have to monitor for signs of heat-related illness among employees.

The regulations would also require that employers develop a heat-stress plan in writing and host training sessions to educate employees about signs of heat stress while working. The regulations would apply to all public and private employers except for first responders, like law enforcement and paramedics.

Gilmore is pleased that the regulations apply to both indoor and outdoor workers, as some occupations such as housekeepers often have to work in buildings with inadequate air conditioning. She wishes the regulations would account for radiant heat – for people who work with furnaces or hot ovens – but she said the priority is to get some standards in place as soon as possible, so employers have enough time to create plans and provide training before next summer.

“But ultimately, we think it’s far more important at this point to go ahead and pass these regs. It’s urgent…We just don’t want to see another summer go by without a strong piece of standard,” Gilmore said.