Even when you aren’t directly experiencing this summer’s heat, you are probably reading or hearing about it. Historically high temperatures continue to scorch the country from coast to coast, and there are no signs that this heat wave will abate any time soon. According to the Bureau of Labor Statistics, 436 people have died due to workplace heat exposure since 2011. In the same time period, there were an additional 2,700 cases of heat-related illnesses among workers. Now — quite literally more than ever — it is critical for employers to take steps to ensure their workers are protected from extreme heat.

The US Department of Labor’s (DOL) Occupational Safety and Health Administration (OSHA) does not provide a standard specific to this issue. However, OSHA’s General Duty Clause requires all employers to provide a safe workplace for employees, and OSHA believes protecting employees against heat hazards falls under that duty. OSHA recently has emphasized the importance of employers taking steps to reduce the risks that extreme heat poses to employees. OSHA has initiated a National Emphasis Program on heat, which intensifies its efforts to address heat-related occupational hazards. The program is particularly honed in on at-risk geographic areas and industries, including construction and agriculture.

This year’s extreme heat even prompted action from the White House. Last week, on July 27, President Biden issued a statement noting that the DOL will continue ramping up its crackdown on heat-related safety violations, including increasing inspections — both programmed and unprogrammed — in the high-risk industries mentioned above. Biden also specifically asked the DOL to issue its first-ever Hazard Alert for Heat. OSHA thereafter released this alert, which reminds employers of their “legal and moral responsibility” not to assign work in hot conditions without adequate protection for workers. The alert provides the following guidance to employers:

• Provide adequate cool water, rest breaks, and shade or a cool rest area for employees.

• Give new or returning employees the chance to gradually acclimate to working in hot temperatures, to be trained and plan for emergencies, and to monitor for heat signs/symptoms.

• Train employees on heat illness prevention, signs of heat illness, and how to act immediately if they or another employee appears to be suffering from a heat-related illness.

These measures should be a floor, not a ceiling, for employers. OSHA explicitly advises employers to develop a Heat Illness Prevention Plan. This plan should outline the employer’s efforts, educate and train workers on recognizing signs of heat-related illnesses, address particularly extreme heat (such as that accompanied by a National Weather Service advisory), and ensure adequate oversight, supervision, and enforcement of the employer’s policies. In addition to adequate prevention measures, employers also must ensure processes are in place to document heat-related medical issues and ensure workers suffering from heat-related illnesses are provided first aid and, if necessary, emergency medical services.

A company’s failure to implement appropriate plans to prevent and remedy heat-related illnesses could lead to the issuance of General Duty citations. If you are concerned about the adequacy of your company’s heat-related illness prevention program, you should consult with an attorney with experience drafting OSHA-compliant policies.