On July 9, the Department of Labor and Industries issued emergency rulemaking around outdoor heat exposure; this rulemaking sets additional obligations for any entity employing staff who work outdoors. This emergency rulemaking is the first step towards
a permanent update to the outdoor heat safety rule currently in place in Washington State.
The emergency rule went into effect on July 13. For most entities already operating a heat safety program, this will be an issue of small adjustments, not major overhaul.
What you need to know about this new rule
There are effectively two action level temperatures, at which entities need to respond with adequate resources and care for workers.
At 100 degrees, employers must:
- Provide shade or another sufficient means for employees to cool down; and
- Ensure workers have a paid cool-down rest period of at least 10 minutes every two hours.
Per the rule, when temperatures reach or exceed 89 degrees, new and existing rules require employer entities to:
- Provide water that is cool enough to drink safely;
- Allow and encourage workers to take additional paid preventative cool-down rest to protect from overheating;
- Be prepared by having a written outdoor heat exposure safety program and providing training to employees; and,
- Respond appropriately to any employee with symptoms of heat-related illness.
Written heat safety plan needed
Cities and other public entities should have a written heat safety plan in place. If you do not and need assistance in ensuring your plan appropriately addresses your obligations, contact the Retro team.
Updated emergency rule language
L&I press release announcing the new rule