The weather may be turning colder in Maryland but employers now have new obligations under state law to protect employees against heat hazards. Maryland’s Occupational Safety and Health (MOSH) Division of Labor and Industry recently published its Heat Illness Prevention Standard. It became effective Sept. 30, shortly after the Federal Occupational Safety and Health Administration (OSHA) released a proposed rule for comprehensive heat injury and illness prevention. The Standard differs slightly from OSHA’s proposed rule, specifically for rest periods when the heat index reaches certain thresholds.
The standard covers all Maryland employers with employees who are exposed to a heat index equal to or exceeding 80 degrees Fahrenheit. Covered employers are also required to comply with additional obligations (high-heat procedures) when the heat index is above 90 degrees Fahrenheit and 100 degrees Fahrenheit. The heat index is measured where the employees perform their work, regardless of whether the work is performed indoors or outdoors.
Employer Requirements
When the heat index equals or exceeds 80 degrees Fahrenheit, employers must:
- Provide at least 32 ounces of water per hour to each exposed employee;
- Acclimatize employees newly exposed to heat in the workplace or employees who have been away from the workplace for 7 or more days. (Acclimatization means the body’s temporary adaptation to work in heat that occurs as a person is exposed over time).
- During the acclimatization period (up to 14 days) an employer shall observe employees for signs of heat-related illness; and
- Employer should create a written acclimatization schedule that increases exposure over a five-14 day period with a maximum of 20% increase each day that complies with the National Institute for Occupational Safety and Health’s recommendations; or
- Implement a schedule that uses a combination of gradual introduction and alternative cooling measures that acclimate an employee to the heat.
- Provide exposed employees who work outdoors with access to shade (blockage of direct sunlight); and
- For both employees who work indoors or outdoors, employers must provide alternative cooling measures or an indoor mechanical ventilation system.
When the heat index exceeds 90 degrees Fahrenheit, employers must also provide exposed employees with minimum rest periods (which can coincide with a scheduled rest or meal period). If the heat index is above 90 degrees Fahrenheit and below 100 degrees Fahrenheit, exposed employees must be provided with at least one 10-minute rest period for every two hours worked. If the heat index is above 100 degrees Fahrenheit, exposed employees must be provided with at least one 15-minute rest period for every hour worked.
Exposed employees should also be monitored for signs of heat-related illnesses via phone or radio, a buddy system or effective means of observation.
Training for Employees
Covered employers must provide training to employees and supervisors prior to an employee’s first exposure to heat. Annual training is also required for all employees and supervisors exposed to a heat index equal to or exceeding 80 degrees Fahrenheit prior to exposure and following an incident at the worksite involving a suspected or confirmed heat-related illness.
The training must be understandable to all employees and include the following content:
- The type of work, environmental conditions and personal risk factors that affect heat-related illness;
- Acclimatization;
- The importance of frequent consumption of water and rest breaks;
- The types, signs and symptoms of heat-related illness, and the appropriate first aid and emergency response measures;
- Reporting signs and symptoms of heat-related illness; and
- The employer’s procedures and the requirements for complying with the Standard.
Employers must maintain training records for at least one year from the date of each required training. The training records must contain the names of those trained, the dates of training and a summary of the content, all made available to MOSH upon request.
Heat-Illness Prevention and Management Plan
Employers are also required to develop and implement a heat-related illness prevention and management plan and an emergency response plan incorporating applicable requirements mandated by the standard. An employer’s written plans must be made available to all employees and MOSH upon request.
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