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Washington state seeking input on proposed update to permanent heat rules

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Photo: Washington State Department of Transportation/Flickr

Tumwater, WA — A proposed update to Washington state’s permanent rules on worker heat exposure would set the “temperature action level” at 80° F for most outdoor workers.

According to the Washington State Department of Labor & Industries, the new action level would apply to specific portions of the rule such as drinking water and shade. Other changes include:

  • Specifics on when and how much shade must be provided.
  • Access to cool-down periods as needed to prevent overheating.
  • A section on acclimatization, requiring close observation of all workers – including new workers and those returning from absences – during heat waves.
  • High-heat procedures that require close observation of workers and mandatory cool-down periods of 10 minutes every two hours when the temperature reaches 90° F, and 15 minutes every hour at 100° F.

Before the anticipated adoption of the updated rule in June, Washington L&I is seeking public input. The agency has planned five in-person public hearings around the state – in Bellingham (April 25), Kennewick (April 26), Spokane (April 27), Tukwila (May 2) and Vancouver (May 3) – and a virtual/phone hearing May 4. The deadline to submit comments is May 11.

The current permanent rule has been in place since 2008. Washington L&I adopted temporary emergency heat rules in June as it worked on potential updates. The current permanent rule is in effect annually from May through the end of September. The proposed permanent rule would be in effect year-round.

“Outdoor workers bear the brunt of hotter and hotter weather driven by climate change,” Craig Blackwood, assistant director of Washington L&I’s Division of Occupational Safety and Health, said in a press release. “We’ve listened carefully to workers, businesses and other stakeholders to develop proposed rules that create much safer conditions for Washington’s outdoor workforce.”

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Bernard L. Fontaine, Jr., CIH, CSP, FAIHA
April 6, 2023
Many of the proposed heat stress regulations are designed for a "healthy" work population. The rules don't consider other factors such as illness or diseases, use of medication, age, or other pertinent concerns. These regulations also don't consider the adjustment factors for wearing protective clothing which can increase a person's level of heat stress over time. This is true for firefighters, smelter and foundry workers as examples. The rules don't consider providing a medical exam or medical screening before workers are placed into a hot working environment. They also don't consider that workers may experience heat stress away from the job due to a lack of climate control while at home or the resultant of a heat dome over the region. Acclimatization is another important concern which can vary in the amount of time needed to become acclimated. While five-days is suggested for some workers, it may take up to several weeks for other workers who may be compromised by illness or disability. Finally, surveillance of the workplace should be performed when there are variables in the solar load or the work environment both indoors and outdoors. Apps are not always correct and can be missleading. Let's look closer at a more comprehensive approach that protects all workers in all work environments.