The Biden administration has unveiled a proposal aimed at protecting workers from extreme temperatures. If finalized, the rule would establish the first-ever federal safety standard for excessive heat exposure in the workplace, potentially safeguarding up to 36 million indoor and outdoor workers.
The announcement, made amid nationwide temperature warnings, outlines several requirements for employers. These include:
- appointing heat safety coordinators,
- providing extreme heat safety training,
- creating and updating emergency heat response plans,
- ensuring access to shade and water.
Additionally, a heat acclimatization process would be mandated for new employees to gradually increase their exposure to high temperatures. This measure is particularly critical, as three out of four workers who die from workplace heat exposure in the U.S. succumb during their first week on the job.
According The Guardian, the proposed rule stipulates specific safeguards when the heat index exceeds 80°F (27°C), such as increased access to water and temperature-controlled break rooms. At a 90°F (32°C) heat index, further protections would be triggered, including 15-minute paid breaks every two hours, mandatory observation of employees, and hazard alerts for all workers. Employers who fail to meet the standard could be subject to fines.
Extreme heat is the deadliest form of extreme weather in the U.S. According to the Bureau of Labor Statistics, between 2011 and 2021, 436 workers died due to extreme heat exposure. Workers among the most susceptible to heat-related illnesses work long hours outside, including farmworkers and construction workers.
If approved, the rule would apply to all 50 states, including Texas and Florida, where laws currently prevent municipalities from adopting workplace heat safety measures. The Sunshine State's House Bill 433 currently forbids local authorities from mandating that employers provide their employees with, for example, water breaks or advance notice of their work hours.
The Biden administration anticipates challenges in implementing the rule, including potential legal opposition from businesses and lobbying groups. The rule's future could also be jeopardized if Donald Trump wins the upcoming presidential election.
Despite mounting public pressure, the Biden administration has not declared a climate emergency, which would unlock additional emergency powers to address the crisis. Experts emphasize the need for the U.S. to swiftly phase out fossil fuel production, noting that no country has produced more oil and gas in a single year than the U.S. did in 2023.
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