Although extreme heat is the leading cause of weather-related death in the U.S. there are no mandatory rules to protect workers specifically from heat stress. The Department of Labor would like to fix this and is currently in the process of developing first-of-its-kind regulations, but their future remains uncertain.
The federal Occupational Safety and Health Administration proposed the heat rules this summer when some parts of the West saw triple digit temperatures that went on for days. The new regulations would apply to about 36 million people who work both indoors and outside and would require employers to create a plan to assess and control heat hazards in their workplace.
“They (employers) would really need to be sure that there are protective measures, things like making sure there's water for their workers to drink, making sure there's shade and that they have rest breaks,” said Shana Udvardy, a senior climate resilience policy analyst at the Union of Concerned Scientists.
When the heat index hits 80 degrees Fahrenheit, employers would need to provide access to “suitably cool” and sufficient drinking water, break areas where employees could cool down and paid rest breaks. Requirements for the frequency and duration of breaks would increase at 90 degrees.
Public comments on the proposal are due Jan. 14th. More than 17,000 comments have been submitted. Public health advocates have been pushing for national heat regulations for decades and say they would reduce death and illness, especially as temperatures rise due to climate change. Between 2011 and 2022, an average of 40 workers died from heat exposure and about 3,400 were injured each year.
But advocates worry getting this measure over the finish line could be tough under President-elect Donald Trump. Republicans at the federal and state levels have tended to argue against heat protections and some business groups are opposed to the proposed rules, saying they'reoverburdensome and inflexible.
Two states in our region – Colorado and Nevada – have some level of heat protections for workers. Nevada’s rules apply to businesses with at least 10 employees and go into effect this year, while Colorado’s are only for agricultural workers. With a new federal standard, state rules would need to be at least as strict.
This story was produced by the Mountain West News Bureau, a collaboration between Wyoming Public Media, Nevada Public Radio (KNPR) in Las Vegas, Boise State Public Radio in Idaho, KUNR in Nevada, KUNC in Colorado and KANW in New Mexico, with support from affiliate stations across the region. Funding for the Mountain West News Bureau is provided in part by the Corporation for Public Broadcasting.
