Understanding U.S. States’ Heat Illness Prevention Standards
How must U.S. employers protect workers from extreme heat? It varies.
The National Institute for Occupational Safety and Health (NIOSH) has a recommended standard for all employers to reference when considering how to deal with the stresses of extreme heat. But five U.S. states maintain their own heat standards, which are approved by the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).
California
California is the most recent U.S. state to update its standards, including considerations for indoor conditions.
In June 2024, California’s OSHA (Cal/OSHA) Standards board voted to implement rules that protect indoor workers from extreme heat. The new rule is estimated to apply to roughly 1.4 million people who work indoors where the temperature can rise to dangerous heights.
Once the temperature inside a workplace rises to 82 degrees Fahrenheit, employers must give employees a cool place to take a break. When the temperature inside is greater than 87 degrees, workplaces will need to adjust further. Some spaces will need to introduce engineering solutions to help cool the area down, such as fans or air conditioning. In other workplaces, engineering solutions may be impossible—such as industrial sites where airflow needs to be restricted or specifically directed. In these settings, employers might instead change working hours to cooler times of the day. Employers are also required to provide access to free, fresh, and cool drinking water.
As for employees working outside, employers must have shaded areas available when the temperature is greater than 80 degrees Fahrenheit. These areas must be blocked from direct sunlight and large enough to accommodate the number of workers on a break so that all can sit comfortably without touching each other. The shaded area should also be as close as possible to the work area.
Whether staff is working inside or outside, employees should be encouraged to take preventative cool-down breaks, and employers must allow those asking for a cool-down break to take one.
Cal/OSHA’s guidance also includes notes on what employers should do when the heat is dangerously high, 95 degrees or higher:
- Observe and communicate effectively with workers.
- Remind employees to drink water and take cool-down breaks so they can rest.
Employers can stay on top of these procedures by keeping an eye on the temperature and reacting appropriately once it exceeds 80 degrees. It is also recommended that employers provide supervisors with training on how to check weather reports and respond to weather advisories.
Lastly, extra vigilance should be paid to new workers or those newly assigned to hot areas. A 14-day acclimatization period is recommended for such workers, as well as for those working during a heatwave.
Along with other statutes, violation of these workplace safety standards will result in certain penalties. The maximum penalty for general and regulatory violations (for example, posting and recordkeeping violations) is $16,285. The maximum penalty for willful and repeat violations is $162,851, while the minimum is $11,632. The maximum penalty for serious violations—ones that could realistically result in severe harm or death—is $25,000.
Minnesota
The state’s Department of Labor and Industry maintains a heat-stress standard to guide employers in how to deal with extreme heat. The standard emphasizes hydration and acclimatization “because they increase the ability of the body to tolerate heat stress,” according to the department. It also notes that the problem is worth serious consideration given that daily high temperatures can vary by as much as 30 degrees from one day to another during the summer.
The standard applies to all industries and orders that in instances where work is done in temperatures that exceed certain limits (77 degrees or higher for heavy work, 80 degrees or higher for moderate work, and 86 degrees or higher for light work) then either the work environment needs to be cooled down, workers’ time in the area needs to be limited, or the amount of work done should be reduced.
Oregon
The state’s standard on worker health and safety regarding extreme heat applies to all industries, both indoor and outdoor, where the heat index meets or exceeds 80 degrees.
The standard, which went into effect on 15 June 2022, stipulates that at this temperature point employers must provide workers with access to sufficient shade, access to 32 fluid ounces of water per hour for each employee, and effective communication in case of an emergency. Training about risk factors and controls in the workplace, employee rights, and personal risk factors should have been provided to all employees before exposure to a heat index of at least 80 degrees.
Washington
The Washington State Department of Labor and Industries enacted an updated set of heat rules for outdoor work environments in 2024.
The rules require that year-round, when workers are exposed to outdoor heat (typically at 80 degrees or greater), employers must encourage and let employees take cool-down rest breaks, provide shade, and provide cool or cold drinkable water (at least 1 quart per hour per employee).
For employees who have not been acclimatized to the heat prior to exposure, employers must closely observe them for 14 consecutive days. These workers can include new staff, employees returning from absences, and anyone working during a heatwave.
Pending Legislation
Colorado. Legislators introduced a bill that would set worker safety standards during extreme temperatures, both hot and cold.
The bill, HB 25-1286, was introduced in February. If passed, it would create guidelines and mandates for both indoor and outdoor work environments for dealing with the risks presented by extreme weather conditions.
The legislation would require employers to give employees shade or shelter in extreme conditions and designate work breaks. Employers would also need to create temperature-related safety plans. Employers would have to provide employees with water to counter the risk of frostbite, heat stroke, or hypothermia.
The state already has some protections against extreme heat, however, they are specific for workers in the agricultural industry. The Farmworkers Bill of Rights (SB 21-087) was enacted in 2021 and was limited to the agriculture sector. Colorado also currently lacks mandated protections for workers dealing with extreme cold.
As of press time, the bill was postponed indefinitely by the Colorado House Business Affairs and Labor Committee.
Massachusetts. The state’s legislature is considering a bill that would create thorough protections for workers exposed to extreme temperatures, whether hot or cold.
If passed, MA H3995 would require employers to develop written programs that identify and mitigate temperature-related risks to workers’ health, including implementing responses like providing shade and access to drinking water.
At the time of Security Management’s publication, the bill is being considered by the state’s House of Representatives and has been referred to the committee on Labor and Workforce Development.
New York. Senate Bill S3412, currently under consideration by the Senate’s Labor Committee, would amend New York’s labor law to further protect workers in indoor and outdoor environments.
“According to the New York City Office of the Mayor, each year there are an estimated 450 heat-related [emergency department] visits, 150 heat-related hospital admissions, 10 heat-stroke deaths, and 350 heat-exacerbated deaths, caused by heat worsening existing chronic conditions,” the bill said.
If passed and enacted, the new law would require employers in agriculture, building service work, car wash, commercial shipping, construction, food service, landscaping, warehousing, and transportation sectors to provide employees with safe conditions when exposed to extreme heat—80 degrees or higher. Safe conditions include access to hydration, medical monitoring, access to shade, cool-down breaks, personal protective equipment, and vehicle standards. Education and training, as well as signage and materials, will also be mandated.
Sara Mosqueda is associate editor for Security Management. Connect with her on LinkedIn or send her an email at [email protected].
