Click here to access OSHA’s Proposed Heat Stress Rule in the Federal Register

OSHA published its proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule in the Federal Register on Aug. 30. The rule is now open to public comments through Dec. 30, 2024, before it is set to be finalized and published. This rule will require employers to develop a Heat Injury and Illness Prevention Plan, implement control measures, provide training and maintain detailed records.

In preparation of this rule, FCA developed a template Heat Stress Program that is included in your FCA membership, which is compliant with this standard. Click here to request your plan (if your company has not yet done so).

The Rule’s Requirements for Businesses

Here are the new requirements for businesses in the proposed rule:

  1. Develop a Heat Injury and Illness Prevention Plan (HIIPP):
    • Hazard Identification – Assess work environments to identify potential heat hazards, including temperature, humidity, radiant heat sources, workload and the use of PPE that could increase heat stress (e.g., respirators, full-body suits, hardhats with liners, etc.).
    • Control Measures – Implement engineering controls (e.g., ventilation, shading), administrative controls (e.g., work-rest cycles) and PPE to reduce heat exposure. Control measures such as procedures for acclimatization and gradually increasing heat exposure for new or returning workers.
    • Emergency Procedures – Include steps for responding to heat-related illnesses, such as first-aid measures and emergency contacts.
  2. Recordkeeping:
    • Documentation – Keep detailed records of heat hazard assessments, the measures taken to control heat exposure and all training provided to employees. Document any incidents of heat-related illnesses, the corrective actions taken and their effectiveness.
    • Accessibility – Ensure these records are easily accessible for OSHA inspections or audits, as they are crucial for demonstrating compliance.
  3. Training and Education:
    • Worker Training – Provide regular training to employees on recognizing the signs of heat-related illnesses, the importance of hydration and using PPE effectively. The FCA Toolbox Talk Program includes several heat stress-related talks. Click here to request access to the program if your company has not yet done so. Training must be conducted annually and whenever there are significant changes in working conditions (e.g., shifts to outdoor work during hotter parts of the day, changes in physical workload, introduction of new equipment that generates heat, etc.).
  • Supervisor Training – Ensure supervisors are trained to identify heat hazards, enforce safety measures and respond promptly to heat-related incidents.
  1. Ongoing Monitoring and Review:
    • Continuous Assessment – Regularly monitor environmental conditions and review the effectiveness of the HIIPP. Adjust the plan as necessary based on changing conditions or incidents that occur.

Impact on Business Operations

Reaching and maintaining compliance with this rule could affect signatory contractors’ operations, particularly when working in high-heat environments. Implementing safety measures like cooling systems, hydration stations and enhanced PPE, as well as adjusting work schedules to avoid the hottest parts of the day, require investment. Best case scenario, these upfront costs could be balanced by the long-term effects of reducing heat-related illnesses, which can minimize lost workdays, medical expenses and potential legal liabilities.

Commenting on the Rule

OSHA is seeking public comments on its proposed rule through Dec. 30, 2024. Contractors can submit their comments to FCA International, or they can submit their comments directly via this regulations.gov link. FCA will work to ensure the rule accommodates the unique challenges contractors face in the construction industry.

Heat Stress Regulations in Canada

While this U.S. rule doesn’t directly affect Canadian contractors, it will apply to those performing work in the U.S. There are also similar measures underway in Canada. Ontario introduced a stand-alone heat stress regulation under the Occupational Health and Safety Act in August 2023, which would require similar protective measures to OSHA’s rule (including heat risk assessments, implementing controls and providing worker training). British Columbia already has heat stress regulations in place through WorkSafeBC, which have been enforced since the early 2000s.

Bottom Line

OSHA’s heat stress standard is one step closer to going into effect. Contractors who take proactive steps now can ensure they are well-prepared to meet these new standards and continue operating safely and efficiently. Don’t forget to take advantage of the heat stress resources available to signatory contractors through your FCA membership.