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Workers in Maryland who are exposed to temperatures of 80 degrees or higher are entitled to protections such as rest breaks, access to drinking water, and shade under a new heat standard that went into effect on Sept. 30.
States seek to beat the heat. Maryland joins other states including California, Minnesota, and Oregon in adopting heat protections for workers. It is the first state on the East Coast to do so. The Biden administration is currently accepting public comments on a proposed federal heat standard that would be overseen by the Occupational Safety and Health Administration (OSHA).
Under the new standard, Maryland employers whose employees are exposed to the 80-degree temperature threshold must monitor the heat index throughout workers’ shifts, as well as develop and implement a written plan to prevent and manage heat-related illness. They must provide exposed employees access to shade, as well as at least 32 ounces of water per hour.
Covered employers must also develop acclimatization schedules that allow workers to gradually increase their exposure to the heat over a period of up to 14 days, either when they’re newly exposed or returning to work after being absent for a week or more. OSHA estimates at least half of outdoor workplace fatalities occur in workers’ first few days of working in warm or hot environments, as they aren’t given time to build up a tolerance to the heat.
The obligations Maryland employers must follow increase as the temperature does; when the heat reaches or exceeds 90 degrees, for example, minimum rest periods go into effect, and employers have to monitor their workers for signs of heat-related illness.
HR’s role promoting heat safety. The new Maryland requirements are the result of four years of negotiations between state lawmakers, the labor department, and other stakeholders, WYPR reported. While the Maryland General Assembly passed legislation in 2020 requiring the state to adopt a heat standard, it rejected an initial proposal put forth by former Governor Larry Hogan’s administration on grounds it wasn’t strong enough.
Even as summer temperatures have soared to record highs in recent years, lawmakers in states including Florida and Texas have pushed back on local measures to protect employees working in dangerous heat.
Absent state or federal heat standards, HR can still consider taking certain measures to protect employees who are exposed to high temperatures. Such actions may include shifting schedules to avoid hours when the temperature is highest, as well as developing a heat response plan based off of OSHA’s guidance.