DOL Announces Proposed Workplace Heat Protection Regulations for Indoor and Outdoor Workers

On July 2nd, 2024, the Department of Labor (DOL) announced that the Biden Administration is proposing new workplace heat safety regulations. Notably, the rules would apply to both indoor workers and outdoor workers. The regulatory efforts come after some high profile workplace heat injury/illness cases. In this article, you will find a comprehensive overview of the proposed workplace heat safety regulations and an explanation of what will likely happen next.

Background: Why a Heat Safety Regulation is Being Proposed 

With rising temperatures, labor rights organizations and state/federal government regulators have been pushing for more comprehensive heat safety regulations. A few states already have specific workplace heat protection regulations in place. However, many states, including Florida, do not. In proposing a new rule, the DOL argued that “workers all over the country are passing out, suffering heat stroke and dying from heat exposure from just doing their jobs, and something must be done to protect them.”

 An Overview of the DOL Indoor/Outdoor Heat Safety Regulation 

The DOL has taken a major step towards implementing more comprehensive workplace safety regulations that are designed to protect employees from heat-related risks. As currently drafted, the proposed federal workplace safety regulation require employers to implement comprehensive workplace heat safety measures, including:

• Developing a proactive plan to injury and illness prevention plan to control heat hazards;
• Provide adequate drinking water, regular rest breaks, and access to shade or cool areas during hot conditions; and
• Implement specific training for workers and managers to identify and respond to signs of heat-related illnesses.

Notably, the proposed regulation applies to  both outdoor and indoor work environments. As this is a proposed rule, all of the specifics are not yet determined.

 What Comes Next: The Rulemaking Process 

To be clear, the proposed federal workplace is not yet official law. Instead, it is an early—but still very significant—part of the rulemaking process. Next, the regulatory process moves deeper into the rulemaking phase. During which federal regulators must engage in a period of public and stakeholder input in order to refine and finalize the proposed rule.

Typically, it takes more than a year for the DOL to finalize a major regulation such as the proposed workplace heat safety law. Further, it can take additional time if a lawsuit is filed in an effort to block the regulation. With the Supreme Court recently overturning Chevron Deference—and somewhat limiting the regulatory authority of federal agencies by doing so—the proposed workplace heat safety regulation may be especially vulnerable to legal challenge if and when it is finalized.

 Get Help From an Employment Lawyer in Florida 

Employers in Florida have a responsibility to comply with all applicable state and federal workplace safety regulations. If you have any specific questions or concerns about workplace safety compliance, we are here as a resource. Contact us today for a confidential initial consultation.