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40 Pallet C e nt ral May -Ju ne 2 0 24 Act of 1970, with a penalty of up to $161,000 per exposed worker! If you are in one of the "state plan states" that run their own programs and can be stricter than the federal government—including having a codified heat illness standard—then the employer is cited under those specific standards rather than the General Duty Clause. As of now, California, Oregon, Washington State, and Minnesota have heat illness prevention rules (and Maryland has one in development). e quandary is that each state law is unique in terms of what triggers the obligation to act: some use the actual temperature, some use the heat index, and some refer the employer to industrial hygiene measurement tools such as the Hot Bulb Globe Test or use of the NIOSH/OSHA Heat application (which I highly recommend, regardless of whether there is a standard in place!). In Minnesota, things are even more confusing because its rule only applies indoors! Moreover, California Gov. Gavin Newsom is now blocking implementation of new state rules for indoor heat safety—which were scheduled to take effect July 1, 2024—due to projected high compliance costs. If the rules are not given final approval by the state Department of Finance, Cal-OSHA will have to start from scratch on a new rule. e California indoor heat illness rule, if allowed to take effect, will require access to cool-down areas, assessment and control measures, emergency response procedures, observation of workers during acclimatization, worker training, and a written Heat Illness Prevention Plan (HIPP). e Cal-OSHA rule for indoor workplaces would take effect when the indoor temperature exceeds 82 degrees and workers are present, and cool-down areas would be required when indoor temperatures equal or exceed 87 degrees. Federal OSHA does not require employers to provide heat or air conditioning for indoor work spaces, but it does recommend temperature control in the range of 68°F–76°F. e qualities of good indoor air quality (IAQ ) include comfortable temperature and humidity, adequate supply of fresh outdoor air, and control of pollutants from inside and outside of the building. Employers are responsible for protecting workers from temperature extremes, but OSHA tried and failed to adopt an IAQ rule back in the 1980s and now can only use exposure limits for toxic chemicals in the air, or else the General Duty Clause for enforcement in unhealthy situations. Designing a uniform, compliant health illness preven on program company-wide will be a challenge if the employer operates in a mul -state environment with conflic ng rules in effect. An NIOSH/ OSHA app is available in both iPhone and Android versions: apps.apple.com/us/app/ osha-niosh-heat-safety-tool/ id1239425102 and play.google. com/store/apps/details?id=erg. com.nioshhea ndex&pli=1. OSHA also offers a host of training materials—in English and Spanish—to use with workers: osha.gov/heat/ employer-responsibility. Federal OSHA is working diligently to advance its heat illness standard, and it has completed the small business entity review required under SBREFA. However, because no proposal has been issued, and any rule finalized within 180 legislative days of a new Congress can be rescinded (based on party changes) under the Congressional Review Act, OSHA will hold back on finalizing this rule until a potential second term under President Biden. If that occurs, the California rules bear watching as the current head of federal OSHA, Doug Parker, was the past head of Cal-OSHA. In the interim, OSHA enforces protection measures under its National Emphasis Program (NEP) on heat illness prevention using the General Duty Clause and other standards, such as those requiring potable water and training on workplace hazards. e heat NEP has been in place for several years now. While awaiting finalization of its separate rule, the agency stresses that all employers should establish a complete heat illness prevention program if their workers are exposed to conditions—indoors or outdoors—that can cause heat illness. Elements of an effective program include the following: providing workers with water, rest, and shade; gradually increasing workloads and allowing more frequent breaks for new workers to build a tolerance for working in the heat (acclimatization); modifying work schedules as necessary; planning for emergencies and training workers about the symptoms of heat-related illnesses and their prevention; and monitoring workers for signs of illness. When a worker is allowed to acclimatize, they will experience increased sweating efficiency, stabilization of blood circulation, a lower heart rate, and increased skin blood flow. A good guideline is that for new workers, or existing workers facing a large temperature change, limit time spent working in the heat to 20% on day 1, 40% on day 2, 60% on day 3, 80% on day 4, and finally 100% on day 5. However, OSHA also advises that if someone is absent from work for 4 days, they may need to start the process over working at only 50% working in high heat exposure on day 1, 60% on day 2, etc. (e.g., vacation times, long summer weekends). For more information, see OSHA's Heat Illness Prevention Campaign page. e voluntary consensus standards community is also taking note of the hazards of working in extreme temperatures. e ANSI/ASSP A10.50 – 2024 Standard for Heat Stress Management is now available for purchase (w w w.assp.org), and while it is geared toward the construction work

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