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 March 21, 2023, L&I, Division of Occupational Safety and Health (DOSH) filed a Proposed Rulemaking (CR-102) 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.

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.

Overview

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 will consider requirements for trigger temperatures or another measure of environmental conditions stress to the human body such as heat index or wet bulb globe temperature, time frames for when the rule is in effect, preventative measures (such as water, shade or other cooling means, 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.

Meetings & Timeline

Rulemaking Activity for Ambient Heat Exposure
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

L&I encourages the submittal of written comments, due by 5:00 p.m. on May 11, 2023.

Public Hearings on Proposed Rules

Outdoor Heat Exposure Public Hearing Presentation 2023
Audiencia pública sobre exposición al calor en exteriores (en español)

Tuesday, April 25, 2023: SpringHill Suites by Marriott, 4040 Northwest Avenue, Bellingham WA 98226
- Pre-hearing overview at 9:00 a.m.
- Hearing at 10:00 a.m.
Wednesday, April 26, 2023: SpringHill Suites by Marriott, 7048 Grandridge Blvd., Kennewick WA 99336
- Pre-hearing overview at 9:00 a.m.
- Hearing at 10:00 a.m.
Thursday, April 27, 2023: Hampton Inn by Hilton, 2010 S Assembly Road, Spokane, WA 99224
- Pre-hearing overview at 9:00 a.m.
- Hearing at 10:00 a.m.
Tuesday, May 2, 2023: Dept. of Labor and Industries, 12806 Gateway Drive S, Tukwila WA 98168
- Pre-hearing overview at 9:00 a.m.
- Hearing at 10:00 a.m.
Wednesday, May 3, 2023: Clark College at Columbia Tech Center, 18700 SE Mill Plain Blvd, Vancouver WA 98683
- Pre-hearing overview at 9:00 a.m.
- Hearing at 10:00 a.m.
Thursday, May 4, 2023: Virtual via Zoom Passcode: Outdoor@1 (if prompted)
Joining by phone (audio only):
Phone/Dial-in: 253-215-8782 US (Tacoma)
Meeting ID: 895 6699 6553
Passcode: 678052798
- Pre-hearing overview at 1:00 p.m.
- Hearing at 2:00 p.m.
Tuesday, May 9, 2023: Holiday Inn Express, 802 E Yakima Avenue, Yakima WA 98901
- Spanish interpretation services will be provided for this virtual public hearing.
- Pre-hearing overview at 9:00 a.m.
- Hearing at 10:00 a.m.

L&I encourages the submittal of written comments, due by 5:00 p.m. on May 11, 2023.

Previous Meetings

Wednesday, August 31, 2022

Thursday, August 4, 2022

Wednesday, May 4, 2022 - 1 p.m.

Thursday, March 17, 2022 - 1:00 p.m.

Rule Drafts & Documents

Proposed Rule Filing, March 21, 2023

August, 2022 Stakeholder Engagement

Stakeholder Feedback

Stakeholder feedback received by L&I for the Ambient Heat Exposure rulemaking.

September 2022

August 2022

Additional Resources

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
- Text of adopted rules
- Heat Illness Prevention Rule Questions And Answers

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.
Virginia - Virginia State OSHA Plan current rulemaking effort heat illness prevention rulemaking for indoor and outdoor workplaces

NIOSH

Criteria for a Recommended Standard: Occupational Exposure to Heat and Hot Environments (cdc.gov)

Education and Training

Be Heat Smart

Staff Contacts

For rulemaking questions, please contact:
Carmyn.Shute@Lni.wa.gov or 360-902-6081.

For technical questions please contact:
Laura.RasconPadilla@lni.wa.gov or 206-515-2823

Get updates via email

If you would like to receive email updates regarding this proposed rulemaking project and future stakeholder meetings, please sign up for our email updates.