Maryland Becomes First State on the East Coast to Implement Heat Protections for Workers

On September 30, 2024, Maryland will implement a new extreme heat standard, which affords employees more workplace protections when the heat index exceeds 80, 90, and 100 degrees.  When temperatures exceed 80 degrees Fahrenheit, Maryland workers must be provided with at least 32 oz of water in an accessible area and shaded breaks. When temperatures exceed 90 degrees, workers must be provided with at least 10 minutes of rest in a cooled environment (such as in the shade or in a space with air conditioning) for every two hours they work.  This allotted time increases to 15 minutes for every hour an employee works when temperatures exceed 100 degrees.

These protections apply to employees who work indoors and outdoors, and mandates employers monitor employees for signs of heat related illnesses, using procedures for observation such as a buddy system or other methods, such as phone or radio.  Employers must also have written plans detailing their procedures for acclimatizing workers to heat and must train employees on symptoms of heat exhaustion under the new regulations.  While there is no federal standard protecting workers against heat, the Biden administration proposed one earlier this year, but it will not be final until at least 2026, assuming a new presidential administration does not abandon the regulation altogether.

Approximately 1,200 Americans die from heat exhaustion every year and according to the U.S. Bureau of Labor Statistics, nearly 1,000 workers across all industry sectors have died from heat exposure between 1992 and 2022, although this number is likely higher given not all heat related deaths at the worksite are reported.  Maryland becomes the first State on the east coast to implement such protections against heat, joining California, Oregon, Washington, Colorado, and Minnesota with such regulations.