This September, Maryland became the first state on the East Coast to adopt a standard to protect workers from the effects of heat illness. This standard was released following the death of Baltimore sanitation worker Ron Silver II, who was reportedly working in Code Red heat conditions with little access to water when he collapsed and later died. As of September 30, 2024, Maryland employers are now required to provide water, rest and shade to workers and take other provisions when the heat index exceeds 80°F.
“Through this new heat illness prevention standard, Maryland is reminding us that preventing heat-related illness and death is simple and achievable,” said LIUNA General President and LHSFNA Labor Co-Chair Brent Booker. “As federal OSHA continues making strides toward a nationwide standard, employers and states can take action now to provide common sense protections and save workers’ lives.”
Extreme heat is the deadliest weather phenomena in the U.S., killing more Americans every year on average than hurricanes, floods, tornadoes and lightning strikes combined. Heat illness can cause illness or death directly, as well as contribute to heart attacks, kidney disease and occupational incidents. Recent data shows that about 2,300 people in the U.S. suffered heat-related deaths in 2023, the highest number in 45 years. And experts say this estimate is only a fraction of the actual death toll.
Workers across many industries – such as construction, agriculture and warehouse workers – are at risk for heat illness on the job. Heat has been recognized as an occupational hazard for decades, but as extreme heat conditions continue to worsen each year, the demand for codified worker protections has never been stronger. With its new standard, Maryland joins Oregon, California, Washington, Minnesota and Colorado as the only states in the U.S. with state heat requirements.
The new standard applies to both indoor and outdoor workers and takes effect when the heat index reaches or exceeds 80°F. It requires the following:
When the heat index reaches or exceeds 90°F, the following procedures go into effect:
Employers are also required to train employees and supervisors on how to recognize the symptoms of heat stress and how to respond to emergencies. This training must be accompanied by a written heat injury and illness prevention and management plan that details the policies and procedures that will be used to comply with the standard.
Additionally, the standard requires employers to have an acclimatization program for when an employee is newly exposed to heat and when an employee returns to work after seven or more consecutive days of absence. The acclimatization requirement is vital because many workers who die from heat-related illnesses do so in their first week on the job, and nearly half die on their first day. This is because the body needs to gradually build a tolerance to heat over time.
The LHSFNA’s Occupational Safety and Health (OSH) Division played a part in developing and providing feedback to improve this heat standard.
“This heat standard isn’t just a victory, it’s a lifeline for Maryland workers. We applaud Maryland for setting a national example with a standard that’s both powerfully protective and practical to implement,” said OSH Director Travis Parsons.
Federal OSHA is not too far behind on their implementation of its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings standard. Depending on the outcome of the 2024 election, we might see this standard finalized sometime in 2025. In the meantime, any employer can proactively take the steps needed to protect workers from extreme heat.
For assistance, LIUNA signatory contractors and affiliates can reach out to our OSH Division or order the Fund’s Heat Illness Prevention Toolbox Talk, Preventing Heat-Related Illnesses in Construction pamphlet and Heat Illness in Construction Health Alert by logging in and clicking on Publications.
[Hannah Sabitoni]
