In non-legislative news, the Department of Labor & Industries (L&I) has initiated the formal process for a permanent ambient heat exposure rule for outdoor workers. The proposed rule comes after two years of the agency pursuing temporary emergency rules on the subject, which did not have to go through the full rulemaking process.

While agencies often avoid major rulemakings during the legislative session (and summer still seems far off), the timing here appears to be so a permanent rule can go into effect before this summer.

We last wrote about the ambient heat exposure rules back in August 2022, when L&I Director Joel Sacks spoke on TVW about the emergency heat exposure and wildfire smoke exposure rules. We also wrote about the 2022 emergency rules when they were adopted last June. At the time, AWC supported the re-adopting the less stringent 2021 emergency rules until a permanent rulemaking, with a full cost-benefit analysis, could be held.

L&I’s new draft rules apply to most outdoor workers and outdoor workplaces. The changes include:

• Making the heat exposure rules apply year-round, not just during the May – September timeframe as is currently done.
• Simplifying and lowering the outdoor temperature thresholds that trigger the outdoor heat exposure rules to 52°F for workers in nonbreathable clothes and 80°F for workers in all other types of clothes.
• If the triggering temperature threshold is reached, the rules require:
  • The initiation of an outdoor heat exposure (OHE) safety program.
  • Employers to encourage and allow employees to take paid preventative cool down rest breaks as needed.
  • Employers to provide nearby shade or other means of reducing body temperature, and provide suitably cool drinking water.
• Standards for what must be included in an employer’s OHE safety program.
• Establishing high heat procedures for when temperatures are 90°F or more, to include mandatory cool down rest breaks of 10 minutes every 2 hours at 90°F+, and mandatory breaks of 15 minutes every 1 hour at 100°F+.
• During high heat, the rules also establish employer duties for “acclimatizing” employees to high temperatures over a 14-day period as well as during heat waves.
• Required annual training for outdoor work supervisors and workers on: factors leading to heat-related illness; acclimatization; policies for maintaining on-site worker safety and response to heat-related illnesses; and consideration of alternatives to reduce heat exposure.

You can find L&I’s preliminary cost-benefit analysis for the proposed rules here. L&I will be hosting several in-person and virtual public hearings on the proposal:

• April 25 at 10 am – Bellingham
• April 26 at 10 am – Kennewick
• April 27 at 10 am – Spokane
• May 2 at 10 am – Tukwila
• May 3 at 10 am – Vancouver
• May 4 at 2 pm – Virtual

You can find more information on the proposed ambient heat exposure rule on L&I’s rulemaking website.

Cities with outdoor staff – like those in parks & recreation, public works, utilities, transportation, public safety and emergency response, outdoor maintenance, etc. – should review the rules and their own outdoor heat exposure procedures. Make sure to submit comments to L&I about your city’s unique considerations as they work to iron out the final rule.

Dates to remember

Written comments on the draft Ambient Heat Exposure rules will be accepted until May 11, and can be submitted to carmyn.shute@lni.wa.gov.