Update (September 3, 2024): This article has been updated to reflect the publication of OSHA’s new heat safety rule on August 30, 2024, and the start of the 120-day comment period.
As Florida businesses continue to navigate the challenges of protecting their workforce, an opportunity has emerged to shape national standards on heat safety. The Occupational Safety and Health Administration (OSHA) has officially published the nation’s first federal rule on heat illness prevention, aimed at safeguarding employees from extreme heat exposure. This rule is particularly relevant for Florida, where high temperatures are a daily reality both outdoors and indoors in heat-prone environments such as factories, warehouses, and kitchens.
Understanding OSHA’s New Heat Illness Rule
OSHA has introduced a new rule titled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” The rule requires all employers under OSHA’s jurisdiction to develop and implement a comprehensive Heat Injury and Illness Prevention Plan (HIIPP). This plan must include procedures for identifying heat hazards, applying engineering and work practice controls at specified heat trigger levels, and providing training and emergency response measures.
The rule introduces two heat triggers—an initial heat trigger and a high heat trigger—each requiring different levels of precaution, such as providing cool drinking water, rest breaks, shaded areas, and acclimatization plans. It also mandates recordkeeping of heat-related incidents and measures taken, which will be vital for assessing compliance.
3 Ways This Rule Could Impact Your Business:
- Broad Applicability Across Industries: The new rule applies to both outdoor and indoor workplaces across multiple sectors, including general industry, construction, agriculture, and more. Whether your employees are working under the Florida sun or in heat-intensive environments, you will need to comply with these new safety measures.
- Compliance Requirements: To protect workers, the rule mandates several measures depending on the heat trigger level, including access to cool drinking water, mandatory rest breaks, shaded or air-conditioned areas, and comprehensive heat illness prevention plans. For businesses, this may involve adjusting work schedules, investing in cooling equipment, or redesigning workflows to minimize heat exposure.
- Training and Recordkeeping: The rule requires mandatory training for employees and supervisors on recognizing heat-related illnesses and taking preventive measures. It also necessitates thorough recordkeeping of heat incidents and the preventive measures taken. Failing to comply with these requirements could lead to legal and financial risks, including fines and increased scrutiny from regulators.
Why Your Immediate Feedback Matters
With OSHA’s rule now officially published, the 120-day comment period has begun and will close on December 30, 2024. The Florida Chamber Safety Council strongly encourages businesses to engage in this process. As we have seen with the recent approval of House Bill 433 (HB 433), which the Florida Chamber Safety Council championed, uniformity and clarity in regulations are essential for businesses operating across multiple local jurisdictions. HB 433 prevents local governments from creating conflicting heat safety policies, ensuring consistency in keeping employees safe. Similarly, OSHA’s newly published rule aims to establish a unified approach to heat safety across the nation.
Your input is essential to ensure that the final OSHA rule is both practical and effective for diverse work environments. Florida businesses, given our unique climate and varied industries, are in a prime position to provide valuable insights. By sharing your perspectives, you can help shape a regulation that accurately reflects the realities of our working conditions and safeguards our workforce without placing undue burdens on employers.
How You Can Get Involved
We invite all Florida businesses to participate in our survey to provide feedback on the newly published OSHA rule. Your responses will directly influence how we present collective feedback to OSHA, ensuring that the final rule is balanced and considers the unique challenges faced by businesses in our state. By actively engaging in this process, Florida businesses have a chance to lead the nation in setting the standard for heat safety.
Your voice is essential in shaping a rule that safeguards employees while supporting the growth and success of Florida businesses. Click HERE to take the survey today!
Questions?
If you have any questions or need more information on how the OSHA rule might impact your business, please feel free to reach out:
Jason Mozo, J.D.
Senior Vice President, Florida Chamber Safety Council
Florida Chamber of Commerce
jmozo@flchamber.com