September 16, 2024
On August 30th, the Dept. of Labor’s Heat Injury and Illness Prevention Proposed Rule was published in the Federal Register, kicking off a 120-day public comment period. The proposed rule and its connected requirements are considered among the most significant employee protection measures the Dept. has taken under the General Duty Clause.
The proposed rule applies to all employers with 10 or more employees conducting outdoor and indoor work in general industry, construction, maritime, and the agriculture sectors. The proposal sets elements for written employer plans of action and specific actions to take for the benefit of employees if conditions are met at two heat index levels, 80 °F and 90 °F. Heat index levels factor in both relative humidity and temperature.
Applicability of the proposal for the household goods moving and storage industry may include certain warehouse settings or office locations – IAM is also reviewing the rule closely for applicability across packing, loading and unloading activities.
Proposed actions needing to be taken at or above an 80°F heat index include:
- Cold drinking water
- Beak area(s) for indoor and outdoor worksites
- Acclimatization of new and returning employees
- Rest breaks if needed to prevent overheating
- Effective communication with employees throughout the workday
Proposed actions needing to be taken at or above a 90°F heat index include:
- Required rest breaks
- Observation for signs and symptoms
- Hazard alerts
- Warning signs for excessively high heat areas
Next Steps
IAM is reviewing the proposed rule now and will be seeking member input for comments on the proposal. The association plans to submit comments by the December 30th deadline. For more information or if you have questions on the proposed rule, please contact Bryan Vickers (703-403-2882, bvickers@pacellp.com) with IAM’s Government and Regulatory Affairs Team.