The state of Washington’s Department of Labor & Industries (DOLI) has adopted a Final Rule to permanently protect workers from outdoor heat exposure. The Final Rule takes effect on July 17, 2023.
The Details
As background, the state of Washington requires ready access to at least one quart of drinking water per worker per hour, an outdoor heat exposure safety program with training, and an appropriate response to workers who are experiencing heat-related illness symptoms.
In 2021, the state also issued a temporary Emergency Rule to provide increased protection for employees exposed to extreme heat.
The Final Rule
Washington state has adopted a Final Rule that addresses minimum requirements to prevent heat-related illness and reduce traumatic injuries for outdoor workers associated with heat exposure. The Final Rule takes effect on July 17, 2023.
Worker Protections
The Final Rule, among other things:
- Lowers the temperature at which employer action is required to 80° Fahrenheit for most outdoor work.
- Adds requirements for acclimatization and exposure to high heat to address the need to adapt to working in the heat over time.
Requirements
The Final Rule’s temperature-based action levels apply to specific portions of the rule such as drinking water and shade, and include specifics on when and how much shade must be provided.
Employers must:
- Allow workers to take preventative cool-down periods as needed to prevent overheating;
- Closely observe the following:
- Follow high-heat procedures that require close observation of workers and mandatory cool-down periods of:
- Update outdoor heat exposure safety programs, and train workers and supervisors on the plan and the new requirements.
See the Final Rule for further details.
Next Steps
- Required: Update outdoor heat exposure safety programs, and train workers and supervisors on the plan and the new requirements.
Note: Be on the lookout for model outdoor heat exposure safety programs and training materials from the DOLI.
- Update policies, procedures and supervisor training to ensure compliance with the Final Rule.
- See the DOLI’s Be Heat Smart website for additional guidance.
Please contact your HR Business Partner with any questions.