Maryland’s Occupational Safety and Health (MOSH) Division of Labor and Industry recently published a final regulation creating obligations for Maryland employers to protect their employees against heat-related illness caused by heat stress in the workplace. The regulation became effective on September 30, 2024.
Applicability
The regulation applies to employers with employees whose indoor or outdoor activities expose them to a heat index of at least 80 degrees Fahrenheit. The regulation does not apply to (1) emergency operations, (2) incidental exposures of less than 15 consecutive minutes per hour, or (3) where a mechanical ventilation system or fan maintains the heat index of the workspace below 80 degrees.
Heat Illness Prevention and Management Plan
Covered employers are required to develop and provide employees with a written Heat Illness Prevention and Management Plan. This plan must provide several elements outlined in the regulation, including but not limited to (1) how sufficient amounts of drinking water will be provided to employees, (2) how to recognize and respond to symptoms of heat-related illness, (3) how employers will provide opportunities for employees to rest in shaded or cool climate-controlled areas, (4) procedures for employees to become acclimated to heat exposure consistent with the standards provided in the regulation, (5) procedures in the event the heat index reaches at least 90 degrees in the work area, and (6) an emergency response plan to ensure effective means of communication with supervisors or emergency medical services.
Other Requirements
Employers are also required to provide exposed employees with shaded areas for rest breaks that meet the requirements outlined in the regulation and at least 32 ounces of drinking water per shift.
Training must be provided to employees on heat-related procedures and illnesses prior to an employee’s first exposure and at least annually and immediately following any incident at the worksite involving a suspected or confirmed heat-related illness.
Takeaways
Employers should carefully review MOSH’s final regulation and determine whether they have employees whose indoor or outdoor activities expose them to a heat index of at least 80 degrees. If applicable, employers should develop a heat illness prevention plan and necessary training for employees and supervisors. Please do not hesitate to reach out for assistance in complying with this regulation.
