Maryland’s Occupational Safety and Health (MOSH) Division of Labor and Industry recently announced its publication of the Heat Illness Prevention Standard as a final regulation in the September 20, 2024, edition of the Maryland Register. Effective September 30, 2024, the final regulation—which creates obligations for Maryland employers to protect their employees against heat hazards—will be published in the Code of Maryland Regulations (COMAR) under chapter 09.12.32 Heat Stress Standards.

The regulation applies to both indoor and outdoor settings when employees are exposed to a heat index that equals or exceeds 80 degrees Fahrenheit. The regulation excludes emergency operations, incidental exposures (less than 15 consecutive minutes per hour), or where buildings, structures, and vehicles have a mechanical ventilation system or fan that maintains the heat index below 80 degrees Fahrenheit.

Employers whose employees are exposed to heat at or above 80°F will need to develop a written Heat Related Illness Prevention and Management Plan that includes:

• Provision of sufficient amounts of drinking water (at least 32 ounces per hour per employee per day);
• Methods for identifying how employees will be provided sufficient opportunities and encouragement to stay hydrated;
• How to recognize the symptoms of heat-related illness, including heat exhaustion and heat stroke;
• How the employer will implement rest break schedules as necessary;
• Training for employees on the hazards of heat exposure and steps to prevent heat-related illness;
• Procedures for heat acclimatization of up to 14 days for newly exposed or returning employees.

In addition, the regulation contains procedures employers must follow when the heat index reaches or exceeds 90 degrees Fahrenheit. High-heat procedures will include:

• A minimum rest period of 10 minutes for every 2 hours worked;
• A minimum rest period of 15 minutes for every hour worked where employees are exposed to a heat index above 100 degrees Fahrenheit;
• Monitoring employees for signs of heat-related illness through regular communications.

Regular communications would include phone or radio, a buddy system, or other effective means to observe employees. These procedures will need to be in writing in a language and manner that all employees can understand.

The regulation also requires employers to develop emergency response procedures and include those in the plan, as well as to provide initial and re-training to employees and supervisors. Retraining is required at least annually and following any incident at the worksite involving a suspected or confirmed heat-related illness.   

Maryland employers should review the requirements in the regulation, evaluate their methods for monitoring heat in both indoor and outdoor work settings and, where possible, reduce the temperature to below the initial heat index of 80 degrees Fahrenheit.  Maryland employers covered by this regulation should also immediately develop their heat illness prevention plans and provide training to their employees to ensure they are complying with the new regulation.