The Maryland Department of Labor has issued a new draft workplace safety order, and they’re soliciting feedback from employers. You can read the draft at this link.
Over the decades, I’ve often heard employers say “we didn’t even know this was coming”. Well, now you do!
The Labor Department issues draft policy changes, but while they’re VERY good at drafting new regs, they’re not nearly as talented about alerting affected businesses to the existence of those policies. Frequently, if a trade association or representative group isn’t paying attention, a new regulation or rule interpretation will slip by, and those who might have concerns will miss the window of opportunity to express those objections. When that happens, it’s not unusual for the agency to say “We received no objections or concerns”. Not that those objections don’t exist, just that the opponents weren’t even aware of their existence. So, let’s talk a bit about heat stress regulations.
This new draft rule applies to all employers “with employees whose employment activities, indoor or outdoor, expose employees to a heat index in the area where the employee is working that equals or exceeds 80 degrees Fahrenheit.”
Let’s face it, that’s practically every employer. It certainly applies to any employer whose workforce will be working outside or in large indoor facilities were air conditioning or ventilation are a potential issue. Obviously, white collar office workers are significantly less affected, but almost all blue collar, trade, manufacturing, recreation, kitchen, warehouse and other job categories and sectors will be directly impacted.
The draft regulation language describes the new employer requirements, including:
- Temperature monitoring obligations
- Plan for all workers, to include
- Hydration
- Mandatory rest in shade or shelter
- Acclimatization
- Clothing
- PPE
- Training
- Maintenance of plan
- MOSH approval of employer plans
Under certain high heat conditions, employers must document in the plan how they will provide cooling rest facilities for workers. Employers must also document emergency medical procedures, as well as maintenance of new training and notification systems for all employees covered under the requirements of these provisions.
The Maryland Occupational Safety and Health Administration can request, at any time, to inspect all the required records and documentation of this, including individual employee training records.
This is NOT meant to suggest that Maryland’s Labor Department shouldn’t demand safe working conditions for employees. It should, however, ensure that all employers, especially small businesses already significantly burdened by an extremely restrictive regulatory environment, can review and comment on how draft regulations will impact their ability to provide their services and maintain a workforce BEFORE these new regs are adopted/enacted.
If you have questions about this draft order and how it will affect your business, please contact me at rweldon@frederickchamber.org.
-Rick Weldon, President & CEO
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