The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has issued the Notice of Proposed Rulemaking (NPRM) entitled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. OSHA will accept comments on the NPRM until December 30, 2024. The proposed rule aims to prevent and reduce the number of occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat. Breweries, of course, generate significant heat during brewing operations, and some retail spaces can expose workers to high temperatures, particularly during the summer months.

OSHA’s proposed rule would require employers to develop programs to protect their employees from heat hazards in both outdoor and indoor work environments.

• The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry and other specific sectors where OSHA has jurisdiction, including breweries.

• The standard would require employers to create a plan to evaluate and control heat hazards in their workplace and clarifies employer obligations and the steps necessary to effectively protect employees from hazardous heat.
• The proposed rule includes initial and high heat triggers at the 80- and 90-degree levels, with the high trigger requiring more stringent control measures to protect employees.
• The rule also includes certain exemptions, including short-duration exposures.

The Brewers Association plans to submit comments in response to the NPRM and encourages individual members to read the proposal and submit comments to urge that final rules be clear and not impose an undue burden on small breweries. Information, including the ability to submit comments (due December 30, 2024), can be found in Rulemaking Docket OSHA-2021-0009. Additionally, OSHA maintains a resource page devoted to this rulemaking.