OSHA Standard: General Duty Clause

Under the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970, employers are required to provide their employees with a place of employment that “is free from recognized hazards that are causing or likely to cause death or serious harm to employees.” The courts have interpreted OSHA’s general duty clause to mean that an employer has a legal obligation to provide a workplace free of conditions or activities that either the employer or industry recognizes as hazardous and that cause, or are likely to cause, death or serious physical harm to employees when there is a feasible method to abate the hazard. This includes heat-related hazards that are likely to cause death or serious bodily harm.

NIOSH’s Recommended Heat Standard

The National Institute for Occupational Safety and Health (NIOSH) has published criteria for a recommended standard for occupational heat stress. The NIOSH document includes recommendations for employers about how to prevent heat-related illnesses.

Criteria for a Recommended Standard – Occupational Exposure to Heat and Hot Environments. U.S. Department of Health and Human Services (DHHS), National Institute for Occupational Safety and Health (NIOSH) Publication No. 2016-106, (February 2016).

Heat Standards in Specific States

Many U.S. states run their own OSHA-approved State Plans. Some states have adopted standards that cover hazards not addressed by federal OSHA standards. The following states have standards for heat exposure:

• California. California’s Heat Illness Prevention Standard requires employers to provide training, water, shade, and planning. A temperature of 80°F triggers the requirements. See CalOSHA’s website. See the full text of the California heat standard.
• Colorado. See full text of Colorado’s Agricultural Labor Conditions Rules for heat.
• Minnesota. The standard applies to indoor places of employment. See the full text of the regulation.
• Oregon. See Oregon’s Heat illness prevention website. See full text of the regulation for General Occupational Safety and Health (which also applies to construction and forest activities), as well as Agriculture.
• Washington. See Washington State’s Outdoor Heat Exposure Rule.