Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Rulemaking

OSHA is happy to announce that the Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule has been published in the Federal Register and is now available for viewing at https://federalregister.gov/d/2024-14824.

OSHA encourages the public to submit comments to the Heat Injury and Illness Prevention rulemaking docket at https://www.regulations.gov/commenton/OSHA-2021-0009-4761The comment period has been extended until January 14, 2025.

An informal public hearing on the proposed rule will be held virtually and begin on June 16, 2025. To provide oral testimony, documentary evidence, or question witnesses at the hearing, you must submit a Notice of Intention to Appear (NOITA) on or before May 2, 2025 using this form: https://www.osha.gov/form/heat-rulemaking-hearing-registration. There is no need to submit a NOITA if you only intend to watch the hearing (instructions for viewing the hearing will be posted separately in the coming months).

Additional information on OSHA's rulemaking process and how stakeholders can participate is available at https://www.osha.gov/laws-regs/rulemakingprocess.

Heat is the leading cause of death among all hazardous weather conditions in the United States. Excessive heat in the workplace can cause a number of adverse health effects, including heat stroke and even death, if not treated properly. According to the Bureau of Labor Statistics, 479 workers in the U.S. died from exposure to environmental heat from 2011-2022, an average of 40 fatalities per year in that time period. Additionally, there were 33,890 estimated work-related heat injuries and illnesses that resulted in days away from work from 2011-2020, an average of 3,389 per year in that time period. However, these statistics for occupational heat-related illnesses, injuries, and fatalities are likely vast underestimates.

Workers in outdoor and indoor work settings without adequate climate controls are at risk of hazardous heat exposure. Certain heat-generating processes, machinery, and equipment (e.g., hot tar ovens, furnaces, etc.) can also cause hazardous heat when cooling measures are not in place. Some groups may be more likely to experience adverse health effects from heat, such as pregnant workers, while others are disproportionately exposed to hazardous levels of heat, such as workers of color in essential jobs who are more often employed in work settings with high risk of hazardous heat exposure.

Current Status

On August 30, 2024, OSHA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. This is a significant step toward a federal heat standard to protect workers. The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. The standard would require employers to create a plan to evaluate and control heat hazards in their workplace. It would clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat. The ultimate goal is to prevent and reduce the number of occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat.

OSHA encourages the public to participate by submitting comments. Your input will help us develop a final rule that adequately protects workers, is feasible for employers, and is based on the best available evidence. The NPRM is available on the Federal Register web page at https://federalregister.gov/d/2024-14824 and at www.regulations.gov, which is the Federal e-Rulemaking Portal. You may submit comments and attachments electronically at www.regulations.gov, Docket No. OSHA-2021-0009. Follow the instructions online for making electronic submissions. Comments must be submitted by January 14, 2025. When submitting comments or recommendations, commenters should explain their rationale and, if possible, provide data and information to support their comments or recommendations.

All comments, including any personal information you provide, will be placed in the public docket without change and, with the exception of copyrighted materials, will be publicly available online at www.regulations.gov. Therefore, OSHA cautions commenters about submitting information they do not want to be made available to the public or submitting materials that contain personal information (either about themselves or others) such as Social Security Numbers and birthdates. All comments and submissions are listed in the www.regulations.gov index; however, some information (e.g., copyrighted material) is not publicly available to read or download through that website. All submissions, including copyrighted material, are available for inspection at the OSHA Docket Office. Contact the OSHA Docket Office at 202-693-2350 (TTY number: 877-889-5627) for assistance in locating docket submissions.

For more information on how to provide comments at this stage of the process, visit https://www.osha.gov/laws-regs/rulemakingprocess#v-nav-tab2.