Maryland’s Heat Stress Regulation Has Taken Effect

Maryland’s Occupational Safety and Health Division of Labor and Industry announced its publication of the Heat Illness Prevention Standard as a final regulation in the Sept. 20, edition of the Maryland Register. Effective Sept. 30, the final regulation—which creates obligations for Maryland employers to protect their employees against heat hazards—will be published in the Code of Maryland Regulations under Chapter 09.12.32 Heat Stress Standards.

The regulation applies to both indoor and outdoor settings where employees are exposed to a heat index that equals or exceeds 80 degrees Fahrenheit. The regulation excludes emergency operations, incidental exposures (less than 15 consecutive minutes of exposure per hour), and situations where the buildings, structures, and vehicles used by employees have a mechanical ventilation system or fan that maintains the heat index below 80 degrees Fahrenheit.

Employers whose employees are exposed to heat at or above 80 degrees Fahrenheit will need to develop a written heat-related illness prevention and management plan that includes:

• The provision of sufficient amounts of drinking water (at least 32 ounces per hour per employee per day).
• Methods for identifying how employees will be provided with sufficient opportunities and encouragement to stay hydrated.
• Information on how to recognize the symptoms of heat-related illnesses, including heat exhaustion and heatstroke.
• Information on how the employer will implement rest break schedules as necessary.
• Training for employees on the hazards of heat exposure and the steps to prevent heat-related illness.
• Procedures for heat acclimatization of up to 14 days for newly exposed or returning employees.

In addition, the regulation contains procedures that employers must follow when the heat index reaches or exceeds 90 degrees Fahrenheit. High-heat procedures will include:

• A minimum rest period of 10 minutes for every two hours worked.
• A minimum rest period of 15 minutes for every hour worked where employees are exposed to a heat index above 100 degrees Fahrenheit.
• The monitorization of employees for signs of heat-related illness through regular communications.

Regular communications would include a phone or radio, a buddy system, or another effective means to keep tabs on employees. These procedures will need to be in writing in a language and manner that all employees can understand.

The regulation also requires employers to develop emergency response procedures and include those in the plan, in addition to providing initial training and retraining to employees and supervisors. Retraining is required at least annually and following any incident at the worksite involving a suspected or confirmed heat-related illness.

Maryland employers covered by this regulation should review all of its requirements, evaluate their methods for monitoring heat in both indoor and outdoor work settings, and, where possible, reduce the temperature to below the initial heat index of 80 degrees Fahrenheit. They should also immediately develop their heat illness prevention plans and provide training to their employees to ensure they are complying with the new regulation.

Felicia K. Watson is an attorney with Littler in Washington, D.C. © 2024 Littler. All rights reserved. Reposted with permission.