The State Of Employment Law: 7 States Have Heat Illness Prevention Requirements

In this series, we will explore some of the ways states vary from one another in their employment laws.

While the start of fall is bringing cooler temperatures to many parts of the country, it is still hot – even dangerously so – in other regions. Federal OSHA has general worker safety requirements, but no specific requirements related to heat illness prevention. As usual, some states are starting to pass laws to fill in where federal protections are absent.

For example, California law addresses heat illness prevention for both indoor and outdoor work environments. When indoor workplaces are hotter than 82 degrees, employers must provide employees with access to fresh, cool, potable water free of charge. Employers additionally must provide at least one cool-down area in which the temperature is kept below 82 degrees. In outdoor workplaces, employers must additionally provide access to shade when the temperature exceeds 80 degrees.

Maryland law protects workers, both indoor and outdoor, when temperatures meet or exceed 80 degrees. Employers must develop and implement a heat illness prevention plan to provide water and rest to employees and to recognize and respond to symptoms of heat stroke. Employees must be provided with shade and free drinking water, and frequent rest breaks may be required for extreme temperatures.

Oregon law also applies to indoor and outdoor work environments at or above 80 degrees. Employees must have access to 32 ounces of water per hour and sufficient shade. Once the temperature climbs to 90 degrees, employees are entitled to 10-minute rest periods every two hours.

Colorado, Minnesota, Nevada, and Washington have similar laws and several other states have pending legislation to address heat safety, so more laws are likely on the way.