Emergency Heat Rules Add New Protections For Washington Workers

OLYMPIA, WA — Washington labor officials have filed emergency rules mandating additional protections for outdoor workers when temperatures reach certain thresholds. The emergency outdoor heat exposure rules take effect on Tuesday, July 13, and adds to existing, permanent rules that are already in place between May and September. They will apply to workers statewide in agricultural, construction and other primarily outdoor industries, officials said.

The Washington State Department of Labor & Industries filed the emergency rule Friday, just one day after Oregon moved to adopt the strongest heat-related worker protections in the nation. The United Farm Workers union called on Gov. Jay Inslee to immediately strengthen protections back on June 29, calling it "a matter of life and death."

In the wake of the recent, record-shattering heat wave, Washington reported 78 heat-related deaths across the state, and officials in Oregon have confirmed at least 116 deaths.

"The heat experienced in our state this year has reached catastrophic levels," Inslee said Friday. "The physical risk to individuals is significant, in particular those whose occupations have them outdoors all day. Our state has rules in place to ensure these risks are mitigated, however, the real impacts of climate change have changed conditions since those rules were first written and we are responding."

Under the new rules, employers must take additional steps for outdoor employees once temperatures hit 89 degrees, including:

• Provide water that is cool enough to drink safely.
• Allow and encourage workers to take additional paid preventative cool-down rest to protect from overheating.
• Be prepared by having a written outdoor heat exposure safety program and providing training to employees.
• Respond appropriately to any employee with symptoms of heat-related illness.

Once the temperature hits 100 degrees, employers must:

• Providing shade or another sufficient means for employees to cool down.
• Ensuring workers have a paid cool-down rest period of at least 10 minutes every two hours.

The six new rules add to others already in place, including ready access to drinking water, outdoor heat exposure training, and a workplace response system for workers experiencing symptoms from heat-related illness, officials said.

"In most cases, employers are already doing the right thing and complying with the current heat stress rules," said Craig Blackwood, acting assistant director for L&I's Division of Occupational Safety. "The emergency rule clarifies the requirements and prompts employers to plan ahead for any further extreme heat waves that may happen this summer. As one of only three states in the nation with an outdoor heat stress rule, we have a good foundation to build on."

Even in a year without extreme heat, state officials said Washington typically sees 55 workers' compensation claims from heat-related illnesses annually. While the emergency rules are in place, labor officials will work over the coming months to draft an updated version of the permanent rules.