Record-breaking summer temperatures in Oregon and Washington have led state agencies to pass emergency regulations to protect workers from the dangers of high and extreme heat. The Oregon Occupational Safety Administration and the Washington State Department of Labor and Industries each issued emergency rules last week, requiring employers to take additional precautions to prevent heat-related illness for employees in these Pacific Northwest states.
The Oregon emergency rule appears to be a temporary placeholder while Oregon OSHA works to issue a permanent heat safety guidance for employers in the coming months.
Washington state previously established outdoor heat exposure rules in 2008, which address employee access to drinking water, heat safety training, and appropriate employer responses to heat-related illness. The new Washington state emergency rule is in addition to (and does not replace) the existing 2008 rules, but it clarifies certain existing requirements and outlines additional steps employers must take to keep workers safe on the job.
Oregon | Washington | |
Scope |
Effective July 8, 2021 Applies to indoor and outdoor work areas with temperatures at or over 80∘ F. Additional requirements and rules apply when temperatures exceed 90∘ F. |
Effective July 13, 2021 Applies to work in an outdoor environment when the temperate exceeds 89∘ F, or 77∘ F for employees in double-layered clothing (e.g., coveralls, jackets, sweatshirts). Work environments such as inside vehicle cabs, sheds, and tents or other structures may be considered an outdoor environment if the factors affecting temperature are not managed by engineering controls. |
Incidental Exposure | Does not apply to incidental exposure (less than 15 minutes of exposed work in any 60-minute period), to employees inside vehicles when not otherwise performing work, or where other standards apply. |
Does not apply to incidental exposure (less than 15 minutes of exposed work in any 60-minute period), or where other industry-specific standards apply (e.g., fire fighters). |
Shade and Rest |
When temperature is at or above 80∘ F, employer must:
When temperature is at or above 90∘ F, employer must:
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When temperature is at or above 89∘ F, employers must:
When temperature is at or above 100∘ F, employers must
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Water |
When temperature is at or above 80∘ F, employer must:
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When temperature is at or above 89∘ F, employers must:
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Training |
By August 1, 2021, employers must provide training to employees who may be exposed to temperatures at or above 80∘ F before any such exposure (or, for supervisors, before any supervision).
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Employers must:
The training must:
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Employer Safety Plans and Procedures |
If employees may be exposed to temperatures over 90∘ F, employers must:
Employees showing signs or symptoms of heat-related illness must be:
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If employees may be exposed to temperatures at or over 89∘ F, employers must:
Employees showing signs or symptoms of heat-related illness must be:
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Other Employer Practices |
When temperature is at or above 90∘ F, employer must:
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Employers with workers in Washington or Oregon should examine their work sites and, as applicable, adopt new procedures and protocols to address the new emergency rules and minimize employee exposure to heat-related illness in the wake of the current PNW heat wave. Covered employers should continue to comply with previously-adopted heat standards in states with permanent regulations, such as California and Minnesota.
On a federal level, the Occupational Safety and Health Administration does not have a specific standard that governs working in hot environments, although it has issued helpful and recommended guidelines for employers on this topic. These guidelines outline, in general, protective measures employers should take based on applicable heat index values and associated risk levels, particularly for outdoor workers who work in direct sunlight, perform prolonged or strenuous hours, or wear heavy protective clothing to perform their work. Beyond OSHA’s heat-related guidance, employers have a general duty to protect workers from recognized serious hazards in the workplace, including heat-related hazards.
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