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. The petition for rulemaking was 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, 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.

Outdoor Heat Exposure WAC 296-62-095 

Outdoor Heat Exposure (Agriculture) WAC 296-607-097 

US Department of Labor announces enhanced, expanded measures to protect workers from hazards of extreme heat, indoors and out | Occupational Safety and Health Administration (osha.gov)

Existing permanent rules

• CAL/OSHA Outdoor heat rules - §3395. Heat Illness Prevention in Outdoor Places of Employment
• Minnesota Indoor heat rules:
  • 5205.0110 Indoor Ventilation and Temperature in Places of Employment
  • 5206.0500 Harmful Physical Agents
  • 5206.0700 – Training

Current temporary rules

• Oregon OSHA Outdoor and Indoor temporary rules - Temporary Rules to Address Employee Exposure to High Ambient Temperatures
  • Text of adopted rules
  • Heat Illness Prevention Rule Questions And Answers

Rulemaking efforts/legislative efforts

• OSHA rulemaking - White House Fact Sheet
• Federal bill - H.R.2193 - Asuncion Valdivia Heat Illness and Fatality Prevention Act of 2021 (introduced before the OSHA rulemaking announcement)
• 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

• Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments (cdc.gov)