Current through Register Vol. 63, No. 12, December 1, 2024
(1) Scope and application. This standard
applies whenever an employee performs work activities, whether in indoor or
outdoor environments, where the heat index (apparent temperature) equals or
exceeds 80 degrees Fahrenheit.
Note: When another applicable standard addresses other hazards
that may be present, employers must comply with the requirements of that
standard and this standard. Where the requirements of one standard are more
protective than another for the same hazard, employers must follow the
requirements that provide the higher level of employee protection.
(a) The following workplaces and operations
are exempt from the requirements of this standard.
(A) Incidental heat exposures where an
employee is not required to perform work activities for more than 15 minutes in
any sixty-minute period.
(B)
Exposures to heat generated from the work process - such as occurs in bakeries
- is not subject to this standard. In such cases, employers must follow the
requirements of OAR 437-002-0144(2).
(C) All emergency operations that are
directly involved in the protection of life or property, or the restoration of
essential services, such as evacuation, rescue, medical, structural
firefighting, law enforcement, utilities, and communications, when employees
are engaged in those operations.
(D) Buildings and structures that have a
mechanical ventilation system that keeps the heat index below 80 degrees
Fahrenheit.
(b) The
following workplaces and operations are partially exempt from certain
requirements of this standard.
(A) Employers
whose employees perform either "rest" or "light" workloads, as defined in Table
1.1 of Appendix A: Mandatory Information for Heat Illness Prevention, are
exempt from the requirements of sections (3) through (10) only when the heat
index is less than 90 degrees Fahrenheit.
(B) Associated support activities for
wildland firefighters, such as fire camp services and fire management, are
exempt only from the requirements of section (7).
(C) Employees who work from home are subject
only to the training requirements in sections (9) and (10).
(2) Definitions.
(a) Acclimatization - Temporary adaptation of
the body to work in the heat that occurs gradually when a person is exposed to
it. Acclimatization peaks in most people within seven to fourteen days of
regular work for at least two hours per day in the heat. This time frame
applies to fit individuals with no underlying medical conditions.
(b) Drinking water - Potable water that is
suitable to drink and that is cool (66 °F - 77 °F) or cold (35 °F -
65 °F).
(c) Heat Illnesses -
Medical conditions resulting from the body's inability to cope with a
particular heat load, and includes heat cramps, heat exhaustion, heat syncope,
and heat stroke.
(d) Shade -
Blockage of direct sunlight is shade. One indicator that blockage is sufficient
is when objects do not cast a shadow in the area of blocked sunlight. Shade is
not sufficient when heat in the area of shade defeats the purpose of shade,
which is to allow the body to cool. For example, a car sitting in the sun does
not provide acceptable shade to a person inside it, unless the car is running
with working air conditioning. Shade may be provided by any natural or
artificial means that does not expose employees to unsafe or unhealthy
conditions, and that does not deter or discourage access or use.
(e) Temperature-controlled environment - an
indoor setting where the temperature is maintained with a mechanical cooling
system.
(3) Access to
shade. Establish and maintain one or more shade areas that are immediately and
readily available to exposed employees that are outdoors when the heat index in
the work area equals or exceeds 80 degrees Fahrenheit. The shade areas must
meet the following criteria:
(a) The shade
area must either be open to the outside air (at least three open sides) or
provide mechanical ventilation for cooling.
(b) The amount of shade present must be at
least enough to accommodate the number of employees on recovery or rest period,
so that they can sit in a normal posture fully in the shade. Employees must
remove any PPE that retains heat, such as chemical resistant suits, during
recovery and rest periods.
(c) The
shade must be located as close as practical to the areas where employees are
working.
(d) Shade present during
meal periods must be large enough to accommodate the number of employees on the
meal period that remain onsite.
(e)
If trees or other vegetation are used to provide shade, such as in orchards or
forests, the thickness and shape of the shaded area must provide sufficient
shadow to protect employees.
Exception: When the employer can demonstrate that providing
access to shade is not safe or it interferes with the ability of employers and
employees to complete the necessary work in a particular situation, for
example, during high winds or when an employee is walking through range land,
employers must identify and implement alternative cooling measures that provide
equivalent protection such as providing cooling vests (either with fans or ice
packs), water-dampened cotton clothing, or similar effective measures. The Heat
Illness Prevention Plan under section (8) must include the use, care, and
maintenance of the alternative cooling methods, in writing.
(4) Drinking water. Ensure that a
sufficient supply of drinking water is immediately and readily available to
exposed employees at all times, at no cost, when the heat index in the work
area equals or exceeds 80 degrees Fahrenheit.
(a) Supplied drinking water must be either
cool or cold, see subsection (2)(b).
(b) Supply each employee with enough drinking
water to enable them to consume up to 32 ounces per hour. Employers are not
required to supply the entire quantity of drinking water needed for all
employees on a full shift at the beginning of the shift. Employers may begin
the shift with smaller quantities of drinking water when effective procedures
are established to replenish the water consumed during the shift.
(c) Employees must have ample opportunity to
drink water required under this section.
Note: Drinking water packaged as a consumer product and
electrolyte-replenishing beverages that do not contain caffeine (for example,
sports drinks) are acceptable substitutes, but should not completely replace
required water supplies.
(5) High-heat practices. When engineering
controls (such as fans or air conditioning) and administrative controls (such
as scheduling work during the cooler part of the day or limiting an employee's
exposure) do not reduce an employee's exposure to a heat index of less than 90
degrees Fahrenheit, implement and maintain high-heat practices and procedures
by following subsections (5)(a) through (e) below.
(a) Communication must occur in a language
and vocabulary readily understood by all employees, by voice, electronic, or
other equally-effective means, so that employees at the worksite can contact a
supervisor at any time, when necessary. An electronic device, such as a cell
phone, may be used for this purpose only if reception in the area is constant
and reliable.
(b) Implement one or
more of the following to promptly identify any employee suspected of
experiencing heat-related illness:
(A) Regular
communication with employees working alone, such as by radio, cellular phone,
or other alternative means;
(B)
Create a mandatory buddy system; or
(C) Implement other equally-effective means
of observation or communication.
(c) Designate and equip one or more employees
at each worksite as authorized to call for emergency medical services, and
allow other employees to call for emergency services when designated employees
are not immediately available; such a practice supplements existing requirement
to ensure that emergency medical care is immediately available in all
workplaces, as required by OAR
437-004-1305(4).
(d) When employees work in buildings and
structures that do not have a mechanical ventilation system, employers must:
(A) Directly measure the temperature and
humidity in these places at the same time and location when occupied by
employees to determine the current indoor heat index;
(B) Use the National Institute for
Occupational Safety and Health's (NIOSH) Heat Safety Tool app to determine the
heat index outside of the building or structure and assume that it is the same
inside (See section 2 in Appendix A: Mandatory Information for Heat Illness
Prevention); or
(C) If the
structure is designed or otherwise known to be affected by outdoor humidity,
for example, hoop houses and greenhouses in nursery operations, the employer
must measure and use the actual humidity inside the structure.
(e) Develop and implement a
written heat illness prevention rest break schedule that protects employees
exposed to a heat index equal to or greater than 90 degrees Fahrenheit.
Employers must choose and implement only one of the three options; choose
either (A), (B), or (C) as described below.
Note: The purpose of the heat illness prevention rest breaks is
to allow the body to cool down and recover from working when the heat index
equals or is greater than 90 degrees Fahrenheit.
Note: Option (A) allows an employer to implement a
self-designed schedule by building on a minimum rest break schedule using four
specified elements. Option (B) allows an employer to implement a schedule by
using an example heat illness prevention plan designed by NIOSH. Option (C)
allows an employer to implement a schedule by using a simplified schedule
designed by Oregon OSHA and based on a high-heat scenario in the NIOSH
plan.
(A) Employer-designed heat
illness prevention rest break schedule: Implement a written employer-specific,
heat illness prevention rest break schedule using the minimum rest break
durations and intervals in Table 1. Employers must protect employees from heat
illness by integrating the elements in subsections (i) through (iv) into to
their heat illness prevention rest break schedule, which may increase the
duration or interval of the rest break beyond the minimum requirements to be
protective.
(i) The effect of personal
protective equipment (PPE) on the body's ability to retain heat;
(ii) The effect of the type of work clothing
on the body's ability to retain heat;
(iii) Relative humidity, whether work
activities are indoors or outdoors; and
(iv) The intensity of the work being
performed.
Note: Employers should consider the effect of exposure to
direct sunlight when developing employer-specific heat illness prevention rest
break schedule.
(B) NIOSH work/rest schedule: Implement a
written heat illness prevention rest break schedule using the information found
in section 3 of Appendix A: Mandatory Information for Heat Illness Prevention
based on NIOSH recommendations.
Note: The NIOSH work/rest schedule uses unadjusted ambient
temperatures (in degrees Fahrenheit), and employers must follow the
instructions underneath Table 3.1 in Appendix A: Mandatory Information for Heat
Illness Prevention. Employers must be aware that different work/rest schedules
exist for those wearing chemical-resistant suits; see Table 3.2 in Appendix A:
Mandatory Information for Heat Illness Prevention.
(C) Simplified heat illness prevention rest
break schedule: Implement a written simplified heat illness prevention rest
break schedule using Table 2.
Note: The Table 2 heat illness prevention rest break schedule
is only required during the specified heat index.
(f) The heat illness prevention rest breaks
under subsection (5)(e) are only required during the specified heat index, and
may be provided concurrently with any other meal or rest period required by
policy, rule or law - if the timing of the preventative rest break coincides
with the otherwise required meal or rest period. However, the heat illness
prevention rest break must be calculated using only the time spent in the shade
and when employees are not performing work other than "rest" or "light" work.
The requirement for heat illness prevention rest breaks does not prohibit
"rest" or "light" work-related activities conducted in a temperature-controlled
environment, such as paperwork, at the discretion of the employee.
(g) Except when the heat illness prevention
rest breaks coincide with the existing unpaid meal break, the heat illness
prevention rest break is a work assignment. Heat illness prevention rest breaks
are only required during the time of the shift that the heat index equals or
exceeds 90 degrees Fahrenheit.
(6) Emergency medical plan. The employer's
Emergency Medical Plan must address employee exposure to excessive heat, in
accordance with OAR 437-004-1305(4).
These plans must address the types medical situations that employees could
encounter, including those conditions relating to excessive heat
exposure.
(7) Acclimatization plan.
Develop and implement an acclimatization plan and procedures in writing.
Employers must choose between two options, either (a) or (b) as described
below, and implement the chosen plan.
(a)
Employer-designed acclimatization plan option: Employers who develop their own
acclimatization plan must integrate and implement the following factors into
their program:
(A) Acclimated and
unacclimated workers;
(B) The
effects of clothing and personal protective equipment on adding to the heat
burden of workers;
(C) The personal
and environmental risk factors that put workers at a higher risk of
heat-related illness;
(D)
Re-acclimatizing workers as necessary, either due to changes in the weather or
a worker spending more than seven days away from the job; and
(E) The use and maintenance of auxiliary
cooling systems such as water-cooled garments, air-cooled garments, cooling
vests, and wetted overgarments.
(b) NIOSH acclimatization plan option:
Employers that choose not to develop their own acclimatization plan must follow
the acclimatization plan developed by the Centers for Disease Control and
Prevention and NIOSH; see section 4, Appendix A: Mandatory Information for Heat
Illness Prevention.
Note: Based upon the variable weather patterns across the
state, Oregon OSHA recognizes that there is no "one-size-fits-all"
acclimatization plan. Employers should be aware that acclimatization to heat
takes longer for unfit individuals compared to fit individuals.
Note: Employers should consider the effect of exposure to
direct sunlight when developing their acclimatization plan.
(8) Heat illness prevention plan.
Develop, implement, and maintain an effective heat illness prevention plan in
writing. The plan must be made available at the worksite to employees and to
Oregon OSHA upon request. The plan must contain at least the following
information:
(a) How employees will be trained
on the hazards of heat exposure and the necessary steps to prevent heat-related
illnesses;
(b) How to recognize the
symptoms of dehydration, and how to respond to suspected heat-related illnesses
in others;
(c) How sufficient
amounts of cool, potable water in work areas will be provided;
(d) How employees will be provided frequent
opportunities and encouragement to stay hydrated by drinking water;
(e) How employees will be provided sufficient
space to rest in a shaded area or cool climate-controlled area, and where
heat-affected employees may cool off and recover when signs and symptoms of
heat-related illnesses are recognized;
(f) How the employer will implement the heat
illness prevention rest break schedule when necessary to keep employees safe;
and
(g) How the employer will
implement heat acclimatization procedures for new employees or employees
returning to work from extended absences of seven or more days.
(9) Supervisor and employee
training. Provide heat illness prevention training to all employees, including
new employees, supervisory and non-supervisory employees in a language and
vocabulary readily understood, and in a manner that facilitates employee
feedback. Such training must be provided annually before employees begin work
that should reasonably be anticipated to expose them to the risk of heat
illness, and include at least the following:
(a) The environmental and personal risk
factors (for example, chronic obstructive pulmonary disease, asthma, kidney
disease, obesity, etc.) for heat illness that may limit an individual's
tolerance to excessive heat, as well as the added burden of heat load on the
body caused by exertion, clothing (See section 5 in Appendix A: Mandatory
Information for Heat Illness Prevention), and personal protective
equipment;
(b) The employer's
procedures for complying with the requirements of this standard, including, but
not limited to, the employer's responsibility to provide water, heat index
information (including the risks to experiencing a heat-related illness),
shade, preventative rest breaks, and access to first aid, as well as how
employees can exercise their rights under this standard without fear of
retaliation;
(c) The importance of
frequent consumption of small quantities of water, up to 32 ounces per hour,
when the work environment is hot and employees are likely to be sweating more
than usual in the performance of their duties;
(d) The concept, importance, and methods of
the acclimatization plan pursuant to the employer's procedures under section
(8);
(e) The different types of
heat illness, the common signs and symptoms of heat illness, and the
appropriate first aid and emergency response to the different types of heat
illness, including how heat illness may progress quickly from mild signs and
symptoms to a serious and life-threatening condition;
(f) The importance for employees to
immediately report to the employer, directly or through the employee's
supervisor, signs and symptoms of heat illness in themselves or in others;
and
(g) The effects of
nonoccupational factors (drugs, alcohol, obesity, etc.) on tolerance to
occupational heat stress.
(10) Training documentation. Verify
compliance with section (9) by preparing and maintaining written or electronic
training records that can be provided to Oregon OSHA upon request. Such records
must contain the name or identification of each employee trained, the date(s)
of the training, and the name of the person who conducted the training. The
most recent annual training record for each affected employee must be
maintained.
Statutory/Other Authority: ORS
654.025(2),
654.035,
656.726(4)
Statutes/Other Implemented: ORS
654.001 through
654.295
