Ambient Heat Exposure Rulemaking
Status
The Department of Labor & Industries (L&I) is conducting rulemaking to update the requirements for occupational heat exposure hazards from high ambient temperatures in all industries, including outdoor and indoor exposures.
On June 27, 2023, L&I, Division of Occupational Safety and Health (DOSH) filed a Permanent Rulemaking (CR-103P) to update the requirements in WAC 296-62-095 through WAC 296-62-09560, General Occupational Health Standards – Outdoor Heat Exposure, and WAC 296-307-097 through WAC 296-307-09760, Safety Standards for Agriculture – Outdoor Heat Exposure. The effective date is July 17, 2023.
Please see “Meetings & Timeline” tab below for information regarding public hearings. All other related information including adoption language can be found under the “Rule Drafts & Documents” tab
See all the rulemaking activity for Ambient Heat Exposure on our L&I Rulemaking page.
Learn more about our rulemaking process and terminology.
L&I is conducting rulemaking related to WAC 296-62-095 through WAC 296-62-09560, General Occupational Health Standards – Outdoor Heat Exposure, and WAC 296-307-097 through WAC 296-307-09760, Agriculture Safety Standards – Outdoor Heat Exposure. The department considered requirements for trigger temperatures, environmental conditions, time frames for when the rule is in effect, preventative measures (such as water, shade or other cooling means, acclimatization and rest/time breaks), emergency response measures, training and planning.
The Division of Occupational Safety and Health (DOSH) received a petition for rulemaking on June 28, 2021 requesting changes to L&I’s rules to include more specific requirements to prevent heat-related illness. During the significant and unprecedented 2021 heat wave, L&I received another petition requesting the department adopt emergency rules to address preventative measures when there is extreme high heat. Both petitions for rulemaking were accepted, recognizing the need to reexamine the current rules, especially in light of information suggesting the occurrence of illnesses below the current trigger temperatures and the increasing temperatures experienced in our state since the rule was first established.
In September, 2021, OSHA announced they would begin enhanced, expanded measures to protect workers from hazards of extreme heat, indoors and out. DOSH is required to update our rules in order to be at least as effective as OSHA, and maintain the Washington State Plan.
L&I adopted emergency rules on July 9, 2021, and again on June 1, 2022 to address extreme high heat procedures with requirements for preventative cool-down rest with specific amounts of shade and mandatory cool-down rest periods at 100 degrees Fahrenheit.
| Action Item | Date |
|---|---|
| Filed CR-101 Pre-proposal Statement of Inquiry | August 17, 2021 |
| Filed CR-103 Emergency Rule-making Order | July 9, 2021 (expires Nov 9, 2021) |
| Filed CR-103 Emergency Rule-making Order | June 1, 2022 (expires Sept 29, 2022) |
| Filed CR-102 Proposed Rulemaking | March 21, 2023 |
| Filed CR-103P Permanent Rulemaking | June 27, 2023 |
| Effective date for adopted rules | July 17, 2023 |
Previous Meetings
April, 2023
Outdoor Heat Exposure Public Hearing Presentation 2023
Wednesday, August 31, 2022
- OHE Discussion Draft, August 25, 2022
- Ambient Heat Stress Stakeholder Presentation — August 31, 2022
- OHE Discussion Draft August 25, 2022 – SPANISH
- Q&A from the Outdoor Heat Exposure Stakeholder Meeting August 31 2022
Thursday, August 4, 2022
- Meeting Presentation August 4, 2022 (Updated 8/8/2022)
- Questions & Answers from the Outdoor Heat Exposure Stakeholder Meeting – August 4, 2022
Wednesday, May 4, 2022 - 1 p.m.
- Stakeholder Meeting Summary May 2022
- Stakeholder Presentation May 2022 – English
- Stakeholder Presentation May 2022- Spanish
- Draft Chapter 62 Language - English
- Draft Chapter 62 Language - Spanish
- Draft Chapter 307 Language - English
- Draft Chapter 307 Language - Spanish
Thursday, March 17, 2022 - 1:00 p.m.
Rule Adoption, Effective July 17, 2023
- Chapter 296-62-095 & Chapter 296-307-097 Outdoor Heat Exposure Permanent Language
- Final Cost-Benefit Analysis
- Frequently Asked Questions (FAQ) – June, 2023
- Fact Sheet – June, 2023
- Concise Explanatory Statement
Note: The Concise Explanatory Statement includes a summary of all written stakeholder comments received during the public comment period and L&I responses to each comment.
Proposed Rule Filing, March 21, 2023
- WAC 296-62-095 Outdoor Heat Exposure and WAC 296-307-097 Outdoor Heat Exposure (Agriculture), March 21, 2023 proposed rule language
- Preliminary Cost Benefit Analysis
- Small Business Economic Impact Statement
- Proposed update to Outdoor Heat Exposure rules Fact Sheet (F417-300-000)
- Frequently Asked Questions about the proposed rule changes
August, 2022 Stakeholder Engagement
- OHE Discussion Draft August 25, 2022 – SPANISH
- Q&A from the Outdoor Heat Exposure Stakeholder Meeting August 31 2022
- OHE Discussion Draft, August 25, 2022
- Questions & Answers from the Outdoor Heat Exposure Stakeholder Meeting – August 4, 2022
- OHE Discussion draft 8.2.2022
Emergency Rule Language, Summer, 2022
- Chapter 296-62-095 Outdoor Heat Exposure Emergency Adoption Language (Effective June 15 through September 29, 2022)
- Chapter 296-307- 097 Outdoor Heat Exposure (Agriculture) Emergency Adoption Language (Effective June 15 through September 29, 2022)
- Spanish translation of June, 2022 emergency rule language
OSHA Rulemaking Announcements
Current Permanent Rule Language
-
Existing permanent rules
- CAL/OSHA Outdoor heat rules - §3395. Heat Illness Prevention in Outdoor Places of Employment
- Minnesota Indoor heat rules:
Current temporary rules
- Oregon OSHA Outdoor and Indoor temporary rules - Temporary Rules to Address Employee Exposure to High Ambient Temperatures
Rulemaking efforts/legislative efforts
- OSHA rulemaking - White House Fact Sheet
- Oregon OSHA Advisory Committee - Rulemaking to Protect Employees from Outdoor Workplace Exposures to Excessive Heat
- CAL/OSHA indoor heat illness rule development
- California SB 1167 – enacted legislation directing CAL/OSHA, by January 1, 2019, to propose to the California Occupational Safety and Health Standard’s Board review and adoption a standard that minimizes heat-related illness and injury among workers working in indoor places of employment. The standard shall be based on environmental temperatures, work activity levels, and other factors. In developing the standard, the division shall take into consideration heat stress and heat strain guidelines in the ACGIH 2016 Threshold Limit Values and Biological Exposure Indices.
- CAL/OSHA Advisory committee meetings – Heat Illness Prevention in Indoor Places of Employment
- Indoor Heat Illness - Safe at Work, California
- Maryland - Maryland House Bill 722 – enacted in May 2020, Directs Maryland’s state OSHA plan to develop and adopt regulations that require employers to protect employees from heat-related illness caused by heat stress by October 2022. In developing the regulations, Maryland’s state OSHA plan is to consider NIOSH, the ACGIH, and ANSI standards.
NIOSH
Education and Training
Staff Contacts
For rulemaking questions, please contact:
Carmyn.Shute@Lni.wa.gov or 360-902-6081.
For technical questions please contact:
Douglas.Hartfield@lni.wa.gov or 360-770-5724
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