Heat Rule Overview

The heat rule requirements are based on a set of numbers called the heat index which indicates what the temperature feels like to the human body when relative humidity and the temperature are combined. The heat index is published by the National Oceanic and Atmospheric Administration’s National Weather Service.

Oregon OSHA’s rules apply whenever an employee is working indoor or outdoor and the heat index equals or exceeds 80 degrees Fahrenheit. There are a few full and partial exemptions to the rules. Full exemptions to the requirements are provided for incidental heat exposures, exposures to heat generated from the work process, emergency operations, and buildings/ structures/ enclosed vehicles that have a mechanical ventilation system that keeps the heat index below 80 degrees Fahrenheit. Partial exemptions are available when employees perform “rest” or “light” workloads, for associated support activities for wildland firefighters, and employees who work from home. See Key Requirements from OR-OSHA here.

Requirements

When the heat index equals or exceeds 80 degrees Fahrenheit, there are three key requirements employers must follow, as well as a few additional general requirements:

Requirement: Training for supervisors and employees. Employers must ensure that all employees are trained in heat illness prevention before they begin work at sites where the heat index will be 80 degrees Fahrenheit or higher. The verification documentation required of completed training includes the employee name, date of training and trainer name.

Requirement: Access to Shade. Employers must establish one or more shade areas when the heat index equals or exceeds 80 degrees Fahrenheit. Shade may be provided by natural or artificial means.

Requirement: Provide Drinking Water. Employers must provide enough drinking water so that each employee can consume 32 ounces per hour. Drinking water must be cool (66 to 77 degrees Fahrenheit) or cold (35 to 65 degrees Fahrenheit).

Other General Requirements: A number of written plans are required including an emergency medical plan and acclimatization plan; all of which can be wrapped into an employer’s “Heat Illness Prevention Plan.” For this plan, employers must maintain the plan in writing. It should be made available to worksites and upon request. OR-OSHA has a template Heat Illness Prevention Plan you can use here. Fill in your company information and you are set!

Additional requirements are imposed when the heat index exceeds 90 degrees Fahrenheit:

• Ensure that effective communication is maintained so that employees working at the site can contact a supervisor.
• Ensure that employees are monitored for signs of heat illness, and whether medical attention is necessary.
• Designate and equip one or more employees at each site who can call for emergency medical services.
• Ensure that each employee takes heat illness prevention rest breaks, based upon one of the three options in the rules.

How Do I Find the Heat Index?

1. Download and use the OSHA-NIOSH Heat Safety Tool App on your phone. -or-
2. Measure on your own. The national Weather Service Heat index calculator can help: https://www.wpc.ncep.noaa.gov/html/heatindex.shtml

The information provided is not an exhaustive review of the heat and smoke rules, so if you have questions, review with OR-OSHA directly.

OR-OSHA’s Smoke Rules take effect July 1 and apply to apply to employers whose employees are or will be exposed to unhealthy or hazardous levels of wildfire smoke. See Key Requirements from OR-OSHA here.

The smoke rule requirements are based on the Air Quality Index (AQI) which was developed by the U.S. Environmental Protection Agency as an indicator of overall air quality for the general population. Requirements begin to take effect at AQI of 101 or higher for exposures to particulate matter with a diameter in micrometers of 2.5 or less, commonly referred to as PM2.5.

These standards do not apply to employees working in enclosed buildings, structures, and vehicles in which air is filtered by a mechanical ventilation system, and when exterior openings are kept closed except when it is necessary to briefly open doors to enter or exit, employers that have predetermined to suspend operations to prevent employee exposure to wildfire smoke, and employees working at home. Partial exemption is provided for wildland firefighting and associated support activities; evacuation, rescue, utilities, communications, and medical operations directly involved in or aiding emergency operations or firefighting operations; and work activities involving only intermittent employee exposure of less than 15 minutes in an hour, for a total exposure of less than one hour in a single 24-hour period.

Requirement: Assess and monitor air quality at each work location where employees are exposed. Employers must assess work locations when they are affected by wildfire smoke to determine air quality conditions by checking the current average AQI value for PM2.5.

Requirement: Provide and document employee training. Employers that are not partially exempt from the standard must verify supervisor and employee training by preparing a written or electronic record that includes at least the name or identification number of each employee trained, the dates of the trainings, and the name of the people who conducted the training. The most recent annual training record for each employee must be maintained for one year.

Requirement: Implement two-way communication system. The system is intended to communicate wildfire smoke information between supervisors and employees and may include use of cell phones, two-way radios, in-person communication and any other viable means to transmit information reliably and effectively.

Requirement: Implement engineering and administrative controls. Used to reduce employee exposure to smoke, only controls that are functionally possible and would not prevent the completion of work must be used.

Requirement: Provide NIOSH-approved filtering face piece respirators for voluntary use to employees. NIOSH-approved filtering face piece respirators include: N95, N99, N100, R95, R99, R100, P95, P99, and P100. NIOSH-approved filtering face piece respirators do not include any “KN” designations, such as KN95s.

When the AQI value exceeds 250, employers must provide NIOSH-approved filtering face piece respirators for mandatory use to employees.

When the AQI exceed 500, employers must provide NIOSH-approved respirators for mandatory use to employees.

There are a few ways to find the Air Quality Index measurement

1. Oregon DEQ website: https://oraqi.deq.state.or.us/home/map
2. U.S. EPA AirNow Fire and Smoke Map website: https://fire.airnow.gov/
3. Download the free OregonAir app from DEQ or the “EPA AIRNow” app from the U.S. EPA

• 55 hours per work week in 2023 and 2024
• 48 hours per work week in 2025 and 2026
• 40 hours per work week in 2027 and beyond.

Forms for Oregon’s Corporate Activity Tax are now available on the Department of Revenue website.

Go to the Revenue forms page and scroll down to Corporate Activity Tax or type “corporate” in the search box.

Taxpayers with general questions about the CAT can email cat.help.dor@oregon.gov or call 503-945-8005.

All employers are required by law to have a clear policy to reduce and prevent harassment, discrimination, and sexual assault, as a result of legislative action in 2019. The Oregon Workplace Fairness Act requires all Oregon employers to adopt a written policy containing procedures and practices to reduce and prevent specific types of unlawful discrimination and sexual assault.

At a minimum, the policy must:

(a) Provide a process for employees to report prohibited conduct;

(b) Identify the individual or position (for example the Store Manager or HR Director) as well as an alternate individual or position to whom an employee can report of prohibited conduct;

(c) Include a statement that an employee who pursues legal action on alleged conduct prohibited by ORS 659A.030, 659A.082 or 659A.112 must do so no later than five years after the occurrence of the violation;

(d) Include a statement that an employer may not require or coerce an employee to enter into a nondisclosure or non-disparagement agreement, including a description of the meaning of those terms;

(e) Include an explanation that an employee claiming to be aggrieved by unlawful discrimination or sexual assault may voluntarily request to enter into a settlement, separation or severance agreement which contains a nondisclosure, non-disparagement, or no-rehire provision only if the employee has at least seven days to revoke the agreement after signing; and

(f) Include a statement that advises employers and employees to document any incidents involving unlawful discrimination and sexual assault.

All employers must:

(a) Make the policy available to employees within the workplace;

(b) Provide a copy of the policy to each employee at the time of hire; and

(c) Require any individual who is designated by the employer to receive complaints to provide a copy of the policy to an employee at the time that the employee discloses information regarding prohibited discrimination or harassment.