IAM reviewing warehousing operations for impact on membership
IAM is reviewing OSHA’s proposed heat rule, (open for comments until the end of the year) for the potential impact on the moving and storage industry, specifically, its proposed requirements likely to cover warehouse operations and similar spaces.
While the proposed rule applies to all employers with a “reasonable expectation” of employee exposure to certain heat thresholds, it provides for some limited exceptions (below):
- Short-duration employee exposures to heat of 15 minutes or less in any 60-minute period
- Organizations whose primary function is firefighting or other emergency response activities
- Work activities performed in indoor work areas or vehicles where air-conditioning consistently keeps the ambient temperature below 80 degrees Fahrenheit
Under the proposed rule, there are two applicable heat thresholds:
An “initial heat trigger” equal to a heat index of 80 degrees Fahrenheit or a “wet bulb globe temperature” equal to the National Institute for Occupational Safety and Health (NIOSH) Recommended Alert Limit
A “high heat trigger” equal to a heat index of 90 degrees Fahrenheit or a “wet bulb globe temperature” equal to the NIOSH Recommended Exposure Limit
When the initial heat trigger, employers are required to perform the following:
- Provide access to potable drinking water in easily accessible areas, at a suitably cool temperature, and in quantities of 1 quart per employee per hour
- Allow and encourage paid rest breaks in designated break areas with artificial shade, natural shade, or air-conditioning
- Implement acclimatization plans for new employees and employees returning from a 14-day break
- Maintain effective and regular two-way communication with employees
- If using cooling personal protective equipment, ensure that cooling properties are maintained at all times during use
Additionally, for indoor work areas only, employers must implement one of the following controls:
- Increase air movement (and if appropriate dehumidification);
- Air-conditioning
At the high heat trigger, employers are further required to do the following:
- Provide employees with hazard alerts pre-shift or upon determining the high heat trigger has been met; hazard alerts must include the importance of drinking water, employees’ right to take rest breaks, how to seek help for heat emergency, and the location of break areas and drinking water
- Provide 15-minute paid breaks every two hours in designated break areas with artificial shade, natural shade, or air-conditioning
Employers covered by the standard must have a plan, referred to as the Heat Injury and Illness Prevention Plan (HIIPP), containing worksite-specific information developed with the input of “non-managerial employees and their representatives.”
The HIIPP must include:
- A comprehensive list of all work activities covered
- All policies and procedures necessary to comply with the standard
- Identification of the heat metric to be used for determining the applicable heat thresholds
- Designation of one or more heat safety coordinators responsible for implementing and monitoring the HIIPP
- A heat illness and emergency response plan
Next Steps: While the incoming Congress and/or the incoming Administration may decide to pause or significantly change the proposed rule, OSHA’s current determination is that they have regulatory authority under the General Duty Clause. IAM will continue to follow any new developments and actions taken by the Department of Labor or the Congress in 2025.
If you have questions, please reach out to Bryan Vickers with IAM’s Legislative and Regulatory team, bvickers@pacellp.com, 703-403-2882