Extraordinarily high heat and temperatures have been growing trend in the Pacific Northwest region of the United States. To make matters worse, wildfires and the fallout effects from them have also been impacting the region. As part of an ongoing effort to protect employees from the dangers presented by the extreme heat and wildfires, Oregon OSHA has issued three new rules/laws for employers to observe.
Adopted July 8th, 2021, the first emergency rule from Oregon OSHA strengthens the requirements for employers to protect their employees from the dangers of high and extreme heat.
The new rule will stay in effect for 180 days (until 01/04/2022) until a more permanent heat stress prevention rule can be set in place. The new rule comes in light of the fact that high heat is not going away this or any summer, according to Oregon officials.
The new rule covers topics that include:
The new rule applies to any workplace, indoor or outdoor, that has dangers due to or because of the heat.
The requirements that are set forth by the new rule are dependent on the current heat index on any particular day.
If the heat index is equal to or above 80 degrees Fahrenheit, then employers are required to give access to sufficient shade, and an adequate supply of drinking water.
If the heat index is above 90 degrees Fahrenheit, then the following additional rules apply:
If the heat index is high enough, employers must provide workers with access to shade. Shade can be provided by any natural or artificial means. It cannot expose employees to unsafe or unhealthy conditions that could deter or discourage access or use of the shade.
Shade can be either open to the air or must provide mechanical ventilation for cooling if indoors or enclosed.
Shade must also accommodate, at minimum, the number of employees that are on recovery or a rest break at any given time, so that they may sit. It should also be located as close as possible to where employees are working.
Shade present during meal periods must be large enough to accommodate the number of employees on the meal period that remain on-site, on any given day.
If the heat index is high enough, employers must provide a readily accessible water supply for employees at all times, and at no cost to the employees.
The supply must be large enough for each employee to consume 32 ounces per hour, as well as between 77 and 35 degrees Fahrenheit.
Employers are allowed to use eligible substitutes if preferred. Eligible substitutes include any drinking water packaged as a consumer product, or any electrolyte-replenishing drinks, such as sports drinks. They also must not contain any caffeine. While this is allowed, it is recommended that employers do not completely replace the required water, and rather provide a combination of the two.
Employers must also ensure that employees have ample time and opportunity to drink water.
Starting this past August 1st, 2021 employers must ensure that all employees, supervisory and non-supervisory, prior to working in a heat index of equal to or more than 80 degrees, are trained in the following topics:
Emergency Rule Documents found on Oregon OSHA's adopted rules page.
Temporary rules to address employee exposure to high ambient temperatures can be found here.
This new emergency rule establishes safeguards against high heat in employer-provided housing. It applies to all occupants of any housing that is provided by employers, and has been effective since August 9th, 2021, and will remain in effect for 180 days (until 02/05/2022).
The rule is part of an ongoing battle to help protect Oregon workers from extraordinary hazards that have become more extreme due to climate change.
In short, the new law requires employers to provide (in employer-provided housing) access to cooling areas and other steps to minimize dangerous heat.
Any room where employees sleep must be able to maintain an indoor temperature of 78 degrees or less.
If employers cannot provide a room of that temperature, then they must provide an area for occupants to cool off whenever the heat index outside the housing is at or above 80 degrees.
Cooling areas must be large enough to accommodate at least half of the occupants at any one time, and can be a combination of two approaches:
If rooms, where people sleep, are not able to maintain the proper indoor temperature of 78 degrees or less, then employers must take extra steps and precautions.
These include:
Employers must provide a thermometer that displays the temperature in both Fahrenheit and Celsius in each housing unit.
In addition to training for employees and supervisors about the dangers of heat illness, employers must display the “Heat Risks in Housing” poster provided by Oregon OSHA so occupants can see it. Access to emergency services. Employers must ensure occupants have access to a working telephone to contact emergency services.
The new emergency rule puts protections in place against the hazards of wildfire smoke, a problem that has been becoming more and more frequent in recent years. It covers a variety of exposure controls, training and information, and other measures.
The new rule went into effect on August 9th, 2021, and will remain in effect for 180 days (until 02/05/2022). It applies to employers whose employees are or will be exposed to wildfire smoke where the ambient air concentration for fine particulate matter (PM2.5) is at or above an Air Quality Index (AQI) 101.
AQI 101 is very dangerous and unhealthy for sensitive groups, these include:
Workplaces and operations that are exempt from the rule include:
To help employers, Oregon OSHA is coordinating with several partners on the distribution of respirators. That coordination includes working with the Oregon Department of Agriculture, the Oregon Home Builders Association, the Associated General Contractors Oregon Columbia Chapter, and Hoffman Construction.
Effective since August 16th, 2021, the new rule requires employers to ensure that employees who may be exposed to AQI 101 have been trained in a manner and language they understand.
Training must include the following topics:
Before workers are exposed to an AQI 101, employers must develop and implement a system to communicate wildfire smoke hazards.
These must include:
Workers have a right to a safe and healthy workplace, including the right to be safe from the dangers of heat stress, wildfire smoke, and high heat in employer housing. They have the right to raise health and safety concerns, free from retaliation. If they do not believe their concerns are being addressed, they have a right to file a complaint with Oregon OSHA. The division does not give advance notice of inspections.
Complying with these updated laws can be tricky, that's why it can be a good move to turn to an Oregon Payroll and HR Company that you can trust, to help you.