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Workplace heat rules proposed by Biden administration to protect workers

Construction worker Fernando Padilla wipes his face as he works in the heat, Friday, June 30, 2023 in Nashville, Tenn. Weather forecasts called for heat indexes to reach over 105 degrees Fahrenheit for the Middle Tennessee area through the weekend.
George Walker IV
/
AP
Construction worker Fernando Padilla wipes his face as he works in the heat, Friday, June 30, 2023 in Nashville, Tenn.

A rule proposed by federal workplace safety regulators would offer some workers protection from extreme heat.

The regulation pitched by the Occupational Safety and Health Administration (OSHA) recognizes that climate change makes dangerous high heat days more common, said Matt Schlobohm, executive director of the Maine AFL-CIO labor union.

"Employers obviously can’t control everything about the weather and the temperature, but workers deserve fundamental rights and protections and we need to adjust to this new reality and this rule is a great step in that direction," Schlobohm said.

Heat is the leading weather-related deaths in the U.S., according to the federal government. Overheating on the job can lead to heat stroke and death. The suggested requirements would cover about 36 million workers in indoor and outdoor industries, according to the agency.

The proposed rule is intended to relieve some danger by providing workers in heat-prone workplaces access to cool break areas and water when the heat index hits 80 degrees Fahrenheit. It would also require employers to develop plans to prevent illness and injury due to excessive heat and training to help stricken workers, according to OSHA.

If the heat index reads 90 degrees or more it would trigger extra relief such as mandatory breaks.

In a press release, Assistant Secretary of Occupational Safety and Health Doug Parker said the proposal was the next step in a process toward crafting a "win-win" final rule that is practical and workable for employers while protecting workers.

“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,” Parker said.

Maine hasn't typically been associated with dangerous heat, but that is changing as the climate warms. The Maine Climate Council's scientific and technical subcommittee recently reported the state is projected to see more periods of extreme heat and warned its population was unacclimatized and vulnerable to hot weather.

Schlobohm, from the Maine AFL-CIO, said despite likely legal challenges to a final version of the workplace heat rule, protections will be enacted.

"I think this rule will ultimately get on the books," Schlobohm said.