By Hao Nguyen, Esq.
Senior Product and Regulatory Counsel
On September 30th, the Maryland Occupational Safety and Health (MOSH) issued the final version of its heat illness standards for both outdoor and indoor settings. Maryland is now the sixth state (behind California, Colorado, Oregon, Minnesota, and Washington) to formally adopt regulations requiring employers to ensure their workers are protected from heat-related illness, injury, or death.
This regulation places requirements on employers based on the heat index in the area where the employee is working.
Heat Index Equals or Exceeds 80 Degrees Fahrenheit
Heat-Related Illness Prevention and Management Plan (Plan)
The Plan must outline specific procedures that the employer will deploy for employees:
- How sufficient amounts of water will be provided
- How employees will be provided sufficient opportunities and encouragement to stay hydrated and to take rest breaks as needed to prevent heat-related illness
- How to recognize the symptoms of heat-related illness
- How to respond to suspected heat-related illness
- How employees will be provided with sufficient time and space to rest in shaded or cool, climate-controlled areas to cool off
- How the employer will implement rest break schedules as necessary and consider environmental conditions, workload, required clothing, personal protective equipment, and alternative cooling and control measures
- How employees will be trained on the hazards of heat exposure and the necessary steps to prevent heat-related illness
- The use and maintenance of alternative cooling and control measures used to manage heat
- Procedures for heat acclimatization
- Procedures for high-heat conditions
- The emergency response plan
Access to Shade
The employer must provide shaded areas to exposed employees as close to the work area as possible. The shaded area must:
- Be outside, open, and exposed to air on at least three sides
- Prevent contributing heat sources from reducing effectiveness
- Be sufficient in size for the number of employees using the shaded area and allow employees to sit in a normal posture
- Accommodate the removal and storage of personal protective equipment
Access to Drinking Water
The employer must provide drinking water to exposed employees at no cost as close to the work area as practicable and make available at least 32 ounces of drinking water per hour to each employee per work day.
Heat Index Equals or Exceeds 90 Degrees Fahrenheit
Establish High-Heat Procedures
High-heat procedures include work and rest schedules that protect exposed employees. These schedules adjust for environmental conditions, workload, and the impact of any required clothing (uniforms, PPE, etc.). Unless the employer demonstrates effective heat management and protection through cooling and control measures, the employer must provide the following rest periods for all affected employees. Note that rest periods may coincide with scheduled rest or meal periods and must be taken in shaded areas.
|
Minimum Rest Period |
Temperature (Fahrenheit) |
|
10 minutes for every 2 hours worked |
90 Degrees < X < 100 Degrees |
| 15 minutes for every 1 hour worked |
100 Degrees < X |
|
OR |
|
|
A rest period as provided for in the current National Institute for Occupational Safety and Health (NIOSH) |
|
When high-heat procedures are in effect, the employer must monitor exposed employees for signs of heat-related illness with regular communication (telephone, radio, buddy system, etc.).
Alternative Cooling and Control Measures
If the employer wants to use cooling and control measures (in lieu of the rest periods identified above), the measures:
- Must be readily available and accessible to employees at all times that work is being performed
- Must be documented in writing
- May not supersede any other heat-related illness and injury requirements
Emergency Response
The employer must implement a plan that provides for effective procedures for communication at all times and prompt emergency medical response to heat-related illness in employees.
Employee Training
Employers must provide sufficient heat stress training to all of their employees at the time of hire, annually thereafter, and immediately following any incident at the worksite involving a suspected or confirmed heat-related illness. This training should educate employees on the dangers of heat exposure, the requirements of the heat illness prevention regulation, how to identify symptoms of heat-related illness, and proper emergency response measures.
Plan Accessibility and Recordkeeping
The written plan must be made available and accessible to employees and MOSH upon request. Additionally, training records must be maintained for one year from the date of which the training occurred.
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