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What Just Happened: Earlier today, the Occupational Safety and Health Administration (OSHA) issued a proposed rule outlining steps employers would be required to take to protect indoor and outdoor workers from the risk of heat illness.

• This rule applies to all employers conducting outdoor and indoor work, with limited exceptions.
• Public comments are due 120 days after it is posted in the Federal Register.

Overview of the Proposed Rule: The Association is analyzing the rule. Employer requirements include:

• Heat Injury and Illness Prevention Plan (HIIPP): Develop and implement a plan with site-specific information to evaluate and control heat hazards.
• Initial Heat Trigger Control Measures (80°F heat index): Provide cool drinking water, break areas with cooling measures, indoor work area controls, acclimatization protocols for new and returning employees, paid rest breaks if needed, and regular effective communication.
• High Heat Trigger Control Measures (90°F heat index): Mandatory rest breaks of 15 minutes every two hours, observation for signs and symptoms of heat-related illness, a hazard alert, and warning signs at indoor work areas with ambient temperatures that regularly exceed 120°F.
• Emergency Response Plan: Develop a heat emergency response plan and take steps if an employee is experiencing signs of heat-related illness.
• Training Requirements: Provide initial and annual refresher training for supervisors, heat safety coordinators, and employees.
• Recordkeeping Obligations: Maintain records of indoor monitoring data for at least six months.
• Cost-Free Implementation: Ensure all requirements are implemented at no cost to employees.

Next Steps:

• Review the Proposed Rule: Assess its potential impact on your operations.
• Provide Feedback: Because this is the first-ever nationwide heat standard, it's essential for the restaurant industry to weigh in. Please share your insights and concerns with the Association as we draft comments to submit to OSHA. Additionally, we encourage operators to submit comments once the rule is published in the Federal Register.

For More Information:

• OSHA: Heat Injury and Illness Prevention Proposed Rule
• OSHA: Proposed Rule Fact Sheet

​OSHA: Heat Injury and Illness Prevention Rulemaking Overview