Public Comment to the U.S. Occupational Safety and Health Administration Regarding Heat in the Workplace

The comment argues that hazardous heat requires clear protections for workers in outdoor and indoor settings. It highlights the disproportionate risks faced by low-wage and immigrant workers, particularly in agriculture, construction, and warehousing. While supporting OSHA’s proposed rule, it recommends more precise requirements so that employers can identify heat hazards and workers can use the protections available to them. (pp. 1–2)

The comment addresses ten areas of OSHA’s proposal: monitoring heat hazards; exemptions for sedentary indoor work; air-conditioning failures; pay during required heat breaks; access to rest areas and water; drinking water temperature; humidity; acclimatization; worker participation in heat safety plans; and language access. It draws on scientific research, state rules, and feedback from community partners. (pp. 2–10)

Wet bulb globe temperature, or WBGT, monitoring accounts for factors such as humidity, wind, and sunlight that a local heat forecast may not capture at a worksite. The comment asks OSHA to recommend on-site WBGT devices where feasible, particularly because forecasts may understate some workers’ heat exposure. It does not ask OSHA to require every employer to use such a device. (pp. 2–3)

The comment proposes limiting the exemption for sedentary indoor activities to work performed below 86°F. It also asks OSHA to clarify that heat protection requirements apply when an air-conditioning system malfunctions and the workplace reaches 80°F or higher for more than 15 minutes. These are recommendations for the proposed rule, rather than requirements already established by this comment. (pp. 3–5)

It recommends locating rest areas and hydration stations within a quarter mile of work zones and providing drinking water kept at 60°F or cooler. It also urges OSHA to state clearly how workers paid by the piece should be compensated for required heat breaks, so that taking a break does not mean losing pay. (pp. 5–8)

For hot indoor workplaces, the comment calls for measures to manage humidity and improve ventilation, including dehumidification when relative humidity exceeds 60%. It also recommends a phased acclimatization period of 7–14 days for new or returning workers, allowing them to increase their exposure and workload gradually. (pp. 8–9)

The comment asks OSHA to clarify how workers and their representatives can take part in developing and reviewing workplace heat plans. It recommends that representatives be selected by workers and compensated for their time and travel. It also calls for plans, training, signage, and reporting channels in the languages workers use, so they can understand hazards and raise concerns. (pp. 9–10)

Worker advocates, unions, occupational health researchers, attorneys, and policymakers can use the comment to examine specific ways to strengthen heat protections. Its recommendations are especially useful when assessing whether rules for indoor work, paid breaks, water access, heat monitoring, and worker participation will be practical and enforceable. (pp. 2–10)