Locke Lord QuickStudy: PNW Heat Wave Leads to Emergency Regulations for Employee Safety‎

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.

When temperature is at or above 80^∘ F, employer must:

• provide one or more shade areas near the work area, which are open air, ventilated, cooled, or otherwise provide sufficient means for employees to cool down.

When temperature is at or above 90^∘ F, employer must:

• ensure workers have a 10-minute rest in the shade at least every two hours.

When temperature is at or above 89^∘ F, employers must:

• allow and encourage cool-down breaks to prevent overheating.

When temperature is at or above 100^∘ F, employers must

• provide one or more shade areas near the work area, which are open air, ventilated, cooled, or otherwise provide sufficient means for employees to cool down (e.g., a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning).
• ensure workers have a 10-minute rest in the shade at least every two hours.

When temperature is at or above 80^∘ F, employer must:

• provide water that is cool enough to drink safely and provide employees the opportunity to drink at least one quart of drinking water per hour.
• encourage employees to frequently consume water or otherwise hydrate.

When temperature is at or above 89^∘ F, employers must:

• provide water that is cool enough to drink safely and provide employees the opportunity to drink at least one quart of drinking water per hour.
• encourage employees to frequently consume water or otherwise hydrate.

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).

Training must:

• be in a language understood by the employee.
• cover environmental and personal risk factors for heat illness, employee and employer rights and obligations, acclimatization, reporting signs or symptoms of illness, and procedures to follow if an employee shows signs/symptoms.

Employers must:

• have a written outdoor heat exposure prevention plan (as part of the state-required accident prevention program).
• provide annual training to employees who may be exposed to temperatures at or above 89^∘ F before any such exposure (or, for supervisors, before any supervision).

The training must:

• be in a language understood by the employee.
• cover environmental and personal risk factors for heat illness, employee and employer rights and obligations, acclimatization, reporting signs or symptoms of illness, and procedures to follow if employee shows signs/symptoms.

If employees may be exposed to temperatures over 90^∘ F, employers must:

• maintain an emergency medical plan to address, among other things, procedures following signs or symptoms of heat illness, and how/when to contact emergency medical services.

Employees showing signs or symptoms of heat-related illness must be:

• relieved from duty and provided with a sufficient means to reduce body temperature.
• monitored and offered on-site first aid or provided with access to emergency medical services.

If employees may be exposed to temperatures at or over 89^∘ F, employers must:

• address their outdoor heat exposure safety program in their written accident prevention program.

Employees showing signs or symptoms of heat-related illness must be:

• relieved from duty and provided with a sufficient means to reduce body temperature.
• monitored to determine whether medical attention is necessary.

When temperature is at or above 90^∘ F, employer must:

• actively communicate with employees at the worksite and supervisors to ensure employees are being observed for signs of heat-related illness.
• designate at least one employee per worksite to call for emergency medical services as needed.
• develop and implement effective acclimatization practices to allow for the temporary adaptation of the body to work in heat (e.g., gradual exposure).