Outdoor Heat Exposure Public Hearing and Rulemaking Schedule
Washington State Department of Labor & Industries is conducting public hearings to discuss proposed rules related to outdoor heat exposure standards. The agenda includes background information, rule overview, and Q&A sessions. Stakeholder meetings have been held to address modifications to the existing rules due to enhanced measures announced by OSHA. The public hearing schedule includes various locations in Washington state for community engagement.
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Intro to the Zoom Platform Online Controls at the bottom Interpreter Channel or Globe Icon (EN or ES) Q&A feature/tool: technical questions regarding presentation Raise Hand Option: for live questions at the end of the presentation Phone To raise/lower hand use *9 To mute/unmute use *6 NOTE: Speakers will be speaking slowly because of concurrent interpretation. Please be patient. 1 Washington State Department of Labor & Industries Washington State Department of Labor &Industries
Outdoor Heat Exposure Public Hearing General Occupational Health Standards Outdoor Heat Exposure WAC 296-62-095 through 296-62-09560, and Agriculture Safety Standards Outdoor Heat Exposure WAC 296-307-097 through WAC 296-307-09760 April & May 2023 Division of Occupational Safety and Health (DOSH)
Agenda for Todays Meeting Background Public hearing schedule Rulemaking timeline Proposed rule overview Question & answer on language in proposed rule Public hearing comments starting at 10:00 a.m. Washington State Department of Labor & Industries 3
Background L&I Adopted a rule for Outdoor Heat Exposure (OHE) in 2008 L&I was petitioned June 28, 2021 to modify the Outdoor Heat Exposure rule On September 2021, OSHA announced enhanced, expanded measures to protect workers from hazards of extreme heat L&I adopted emergency rules: July 9, 2021 and June 1,2022 L&I held stakeholder meetings on: March 17, 2022 May 4, 2022 August 4, 2022 August 31, 2022 Washington State Department of Labor & Industries 4
Public Hearing Schedule April 25, 2023 10:00 a.m. Spring Hill Suites by Marriott, 4040 Northwest Avenue, Bellingham WA 98226 April 26, 2023, 10:00 a.m. SpringHill Suites by Marriott, 7048 West Grandridge Blvd, Kennewick WA 99336 April 27, 2023, 10:00 a.m. Hampton Inn by Hilton, 2010 S Assembly Road, Spokane WA 99224 May 2, 2023, 10:00 a.m. Dept. of Labor & Industries, 12806 Gateway Drive S., Tukwila WA 98168 Washington State Department of Labor & Industries 5
Public Hearing Schedule May 3, 2023, 10:00 a.m. Clark College at Columbia Tech Center, 18700 SE Mill Plain Blvd., Vancouver WA 98683 May 4, 2023, 1:00 p.m. Virtual via Zoom Webinar, see link at https://lni.wa.gov/safety-health/safety-rules/rulemaking-stakeholder- information/ambient-heat-exposure-rulemaking#meetings-and-timeline Washington State Department of Labor & Industries 6
Public Hearing Schedule May 9, 2023, 10 a.m. Holiday Inn Express, 802 E Yakima Ave, Yakima, WA 98901
Rulemaking Timeline Outdoor Heat Exposure CR-101 Preproposal filed August 17, 2021 CR 102 Proposal filed March 21, 2023 Public hearings held April 25 May 4, 2023 Comment period ends 5:00 p.m. May 11, 2023 CR-103 Rule adoption June 15, 2023 Effective date June 15, 2023 Washington State Department of Labor & Industries 8
Submit written comments to: Carmyn Shute, Administrative Regulations Analyst Division of Occupational Safety and Health PO Box 44620 Olympia, WA 98504-4620 Carmyn.Shute@Lni.wa.gov FAX: (360)902-5619 comments submitted by fax must be 10 pages or less. Comments must be received by: 5:00 p.m. on May 11, 2023 Washington State Department of Labor & Industries 9
DOSH Contact Information Carmyn Shute Administrative Regulations Analyst (360) 870-4525 Carmyn.Shute@Lni.wa.gov Link to Ambient Heat Stress Link to Ambient Heat Stress rulemaking page: rulemaking page: https://lni.wa.gov/safety- health/safety-rules/rulemaking- stakeholder- information/ambient-heat- exposure-rulemaking Laura Rasc n Padilla DOSH Technical Specialist (206) 515-2823 Laura.RasconPadilla@Lni.wa.gov Washington State Department of Labor & Industries 10
Overview of Key Changes Existing Rule Proposed Rule Scope & Applicability May - September Year round At or above trigger temperatures (Table 1) When exposed to outdoor heat (Table 1 moved, now applicable to specific sections) Table 1 temperatures 89 F All other clothing 77 F Double layer 52 F Non-breathable 52 F non-breathable 80 F all other clothing Definitions Clarified or added: Acclimatization, drinking water, engineering controls, outdoor environment, risk factors for heat- related illness, shade, buddy system Washington State Department of Labor & Industries 11
Existing Rule Proposed Rule Preventative cool- down rest periods - Employer to encourage and allow, to prevent overheating paid unless on a meal period - Employee to take when needed to prevent overheating Shade Provisions Implied as a means to reduce body temperature due to heat illness Explicit shade provisions: - At all times while employees present - Large enough for all employees on a rest period Written outdoor heat exposure safety program Have a written program addressing policies - Specific required elements - Must be understood by employees Acclimatization Training on importance Added requirement close observation of employees: For 14 days: - newly assigned to work in the heat - returning to work in heat after absence of 7 consecutive days During heat wave Washington State Department of Labor & Industries 12
Existing Rule Proposed Rule High heat At or above 90 F: - Close observation of employees - Mandatory cool-down rest at 90 F: 10 min/ 2 hrs of work at 100 F: 15 min/ 1 hr of work Response to heat- related illness (HRI) Implied: Explicit: have a way to report HRI and get medical attention when needed have effective communication between employees and supervisors to report HRI and to get medical attention Training For employees and supervisors Updated to reflect changes in proposed rule Washington State Department of Labor & Industries 13
Proposed Rule Language Q&A ? Washington State Department of Labor & Industries 14
A chance to stretch your legs and take a deep breath 10 minute break to transition to public hearing Washington State Department of Labor & Industries 15
