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New Heat Protection Rule Is Set to Take Effect

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The Occupational Health and Safety Administration (OSHA) has proposed a new heat protection rule aimed at safeguarding employees who are exposed to excessive heat in their work environments. This rule is particularly relevant to condominium associations and homeowner associations, which often employ staff such as landscapers, maintenance workers, and pool attendants who spend extended time outdoors during some of the hottest hours. As these workers are directly affected by extreme temperatures, this regulation requires employers to implement protective measures to reduce the risk of heat-related illnesses.

Under the proposed rule, employers will be responsible for ensuring that employees have access to cool, shaded areas for rest, as well as adequate hydration throughout the workday. The regulation also emphasizes the importance of gradual acclimatization for employees who are new to working in hot environments or who are returning after time away. This means that employers must develop policies that allow workers to slowly adjust to the heat to prevent sudden heat exhaustion or heat stroke.

For condominium and homeowner associations, complying with this rule might involve rethinking the scheduling of outdoor work to avoid the hottest parts of the day. It could also mean investing in shaded structures, additional water stations, and regular breaks for employees working outdoors. Homeowner associations that manage large outdoor spaces, such as golf courses, will need to take similar steps to ensure that their employees are adequately protected from the heat.

This rule presents an opportunity for communities to not only comply with federal regulations but also demonstrate a commitment to the well-being of their work staff. Offering heat protection measures can lead to increased job satisfaction, reduced absenteeism, and even lower turnover rates. It is important to communicate these new protocols clearly to employees to ensure they understand the risks and their rights under the new rule.

As this regulation moves through the approval process, communities should start preparing now. Consulting with legal counsel or an occupational health expert can help you assess your current heat safety practices and make the necessary adjustments. Being proactive in this area will not only protect your employees but will also help avoid potential penalties or violations once the rule goes into effect.

The proposed rule is currently open for public comment until December 30, 2024. We will keep you posted if and when the proposed rule becomes final.

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