Ambient Heat Exposure Rulemaking
Status
The Department of Labor & Industries (L&I) is conducting rulemaking to update the requirements for occupational heat exposure hazards from high ambient temperatures in all industries, including outdoor and indoor exposures.
L&I adopted emergency rules on June 1, 2022 to address high heat procedures. The rules are effective from June 15, 2022 through September 29, 2022. Please see “Rule Drafts and Documents” for the adoption language and related information.
See all the rulemaking activity for Ambient Heat Exposure on our L&I Rulemaking page.
Learn more about our rulemaking process and terminology.
L&I is conducting rulemaking related to WAC 296-62-095 through WAC 296-62-09560, General Occupational Health Standards – Outdoor Heat Exposure, and WAC 296-307-097 through WAC 296-307-09760, Agriculture Safety Standards – Outdoor Heat Exposure. The department will consider requirements for trigger temperatures or another measure of environmental conditions stress to the human body such as heat index or wet bulb globe temperature, time frames for when the rule is in effect, preventative measures (such as water, shade or other cooling means, and rest/time breaks), emergency response measures, training and planning.
The Division of Occupational Safety and Health (DOSH) received a petition for rulemaking on June 28, 2021 requesting changes to L&I’s rules to include more specific requirements to prevent heat-related illness. During the significant and unprecedented 2021 heat wave, L&I received another petition requesting the department adopt emergency rules to address preventative measures when there is extreme high heat. Both petitions for rulemaking were accepted, recognizing the need to reexamine the current rules, especially in light of information suggesting the occurrence of illnesses below the current trigger temperatures and the increasing temperatures experienced in our state since the rule was first established.
In September, 2021, OSHA announced they would begin enhanced, expanded measures to protect workers from hazards of extreme heat, indoors and out. DOSH is required to update our rules in order to be at least as effective as OSHA, and maintain the Washington State Plan.
L&I adopted emergency rules on July 9, 2021, and again on June 1, 2022 to address extreme high heat procedures with requirements for preventative cool-down rest with specific amounts of shade and mandatory cool-down rest periods at 100 degrees Fahrenheit.
Upcoming Virtual Stakeholder Meetings
No meetings are currently scheduled at this time.
Previous Meetings
Wednesday, August 31, 2022
- OHE Discussion Draft, August 25, 2022
- Ambient Heat Stress Stakeholder Presentation — August 31, 2022
- OHE Discussion Draft August 25, 2022 – SPANISH
- Q&A from the Outdoor Heat Exposure Stakeholder Meeting August 31 2022
Thursday, August 4, 2022
- Meeting Presentation August 4, 2022 (Updated 8/8/2022)
- Questions & Answers from the Outdoor Heat Exposure Stakeholder Meeting – August 4, 2022
Wednesday, May 4, 2022 - 1 p.m.
- Stakeholder Meeting Summary May 2022
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Stakeholder Presentation May 2022 – English
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Stakeholder Presentation May 2022- Spanish
- Draft Chapter 62 Language - Spanish
- Draft Chapter 307 Language - Spanish
Thursday, March 17, 2022 - 1:00 p.m.
- Stakeholder Meeting Summary
- Stakeholder Presentation, March 2022, Spanish
- Stakeholder Presentation, March 2022, English
| Action Item | Date |
|---|---|
| Filed CR-101 Pre-proposal Statement of Inquiry | August 17, 2021 |
| Filed CR-103 Emergency Rule-making Order | July 9, 2021 (expires Nov 9, 2021) |
| Filed CR-103 Emergency Rule-making Order | June 1, 2022 (expires Sept 29, 2022) |
OHE Discussion Draft August 25, 2022 – SPANISH
Q&A from the Outdoor Heat Exposure Stakeholder Meeting August 31 2022
OHE Discussion Draft, August 25, 2022
Questions & Answers from the Outdoor Heat Exposure Stakeholder Meeting – August 4, 2022
Chapter 296-62-095 Outdoor Heat Exposure Emergency Adoption Language (Effective June 15 through September 29, 2022)
Chapter 296-307- 097 Outdoor Heat Exposure (Agriculture) Emergency Adoption Language (Effective June 15 through September 29, 2022)
Spanish translation of June, 2022 emergency rule language
Outdoor Heat Exposure WAC 296-62-095
Stakeholder feedback received by L&I for the Ambient Heat Exposure rulemaking.
September 2022
- Q&A from the Outdoor Heat Exposure Stakeholder Meeting August 31 2022
- WSTFA Comments 9-2022
- WSFB Comments 9-27-2022
- UCS Comments 9-26-2022
- WSMA Comments 9-2022
- WPUDA Comments 9-20-2022
- McDougall & Sons Comments 9-12-2022
- Okanogan PUD Comments 8-31-2022
- WA Retail Assn 9-26-2022
- Wenatchee Chamber of Commerce Comments 8-31-2022
- McDougall & Sons Comments 8-18-2022
- Washington Broadband Comments 8-31-2022
- AGC Comments 8-31-2022
August 2022
- Questions & Answers from the Outdoor Heat Exposure Stakeholder Meeting – August 4, 2022
- Abigail S. Potter, Washington Trucking Associations
- Ana María Campoy
- CRH Americas Materials
- Cowlitz PUD
- Dan Wood, WA Dairy Federation
- Fred Likkel, Save Family Farming
- Jan Himebaugh, Building Industry Association of Washington
- Jerry Bonagofsky, Washington Contract Loggers Association, Inc.
- John Gancel, WSDOT
- Jon DeVaney, Washington State Tree Fruit Association
- Katie Beeson, Washington Food Industry Association
- Kristi Scholz-O’Leary
- Matt Harris, Washington State Potato Commission
- Robert Battles, Association of Washington Business
- Roland Carette-Meyers
- Rose Gunderson, Washington Retail Association
- Rosella Mosby, Washington Farm Bureau
- Sally Hurst, WAFERTECH/TSMC
- Samantha Louderback, Washington Hospitality Association
- Scott Tomren, Washington State University Tri-Cities
- Teresa Matson
Existing permanent rules
- CAL/OSHA Outdoor heat rules - §3395. Heat Illness Prevention in Outdoor Places of Employment
- Minnesota Indoor heat rules:
Current temporary rules
- Oregon OSHA Outdoor and Indoor temporary rules - Temporary Rules to Address Employee Exposure to High Ambient Temperatures
Rulemaking efforts/legislative efforts
- OSHA rulemaking - White House Fact Sheet
- Oregon OSHA Advisory Committee - Rulemaking to Protect Employees from Outdoor Workplace Exposures to Excessive Heat
- CAL/OSHA indoor heat illness rule development
- California SB 1167 – enacted legislation directing CAL/OSHA, by January 1, 2019, to propose to the California Occupational Safety and Health Standard’s Board review and adoption a standard that minimizes heat-related illness and injury among workers working in indoor places of employment. The standard shall be based on environmental temperatures, work activity levels, and other factors. In developing the standard, the division shall take into consideration heat stress and heat strain guidelines in the ACGIH 2016 Threshold Limit Values and Biological Exposure Indices.
- CAL/OSHA Advisory committee meetings – Heat Illness Prevention in Indoor Places of Employment
- Indoor Heat Illness - Safe at Work, California
- Maryland - Maryland House Bill 722 – enacted in May 2020, Directs Maryland’s state OSHA plan to develop and adopt regulations that require employers to protect employees from heat-related illness caused by heat stress by October 2022. In developing the regulations, Maryland’s state OSHA plan is to consider NIOSH, the ACGIH, and ANSI standards.
- Virginia - Virginia State OSHA Plan current rulemaking effort heat illness prevention rulemaking for indoor and outdoor workplaces
NIOSH
Staff Contacts
For rulemaking questions, please contact:
Carmyn.Shute@Lni.wa.gov or 360-902-6081.
For technical questions please contact:
Bradley.Farrar@Lni.wa.gov or 360-701-4621 or Laura.RasconPadilla@lni.wa.gov or 206-735-8467
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