This is a reminder that Maryland has implemented Heat Stress Standards, COMAR 09.12.32, effective as of September 30, 2024. The standards are designed to safeguard employees from heat stress resulting from occupational exposure, which can lead to heat stress-related injuries and illnesses. As we enter the summer months, please review the Heat Stress Standards to ensure compliance. Maryland Occupational Safety and Health, a division of the Maryland Department of Labor, has prepared a summary of the key requirements of the Heat Stress Standards: Key Requirements – Heat Stress.

The following are a few key points:

  • The requirements apply to both indoor and outdoor workplaces where employees are exposed to a heat index at or above 80 degrees Fahrenheit.
  • Employers are required to develop, implement, and maintain an effective Heat-Related Illness Prevention and Management Plan in writing.
  • There is an exemption for employees who are incidentally exposed to a heat index at or above 80 degrees Fahrenheit for less than 15 minutes per hour.
  • Emergency operations and essential services are exempt, defined as work in connection with an emergency that requires the involvement of law enforcement, emergency medical services, firefighting, rescue and evacuation operations, or emergency restoration of essential utilities or telecommunications.
  • Employees who work in buildings, structures, and vehicles that have a mechanical ventilation system or fan that maintains the heat index below 80 degrees are exempt.
  • Employers are required to provide for “acclimatization” of exposed employees for a period of up to 14 days when employees are newly exposed to heat in the workplace and when an employee returns to work after seven or more consecutive days of absence.
  • Employers are required to implement certain high-heat procedures when the heat index reaches or exceeds 90 degrees Fahrenheit in the area where work is being performed, including providing for specific minimum rest periods.
  • Employers are required to provide ready access to no-cost drinking water, ensuring that employees have access to at least 32 ounces of drinking water per hour.
  • The standards also contain requirements for emergency response plans for mandatory training of employees and supervisors.

The Heat Stress Standards can be viewed in their entirety here: Maryland Heat Stress Standards. If you have any questions or need assistance navigating the new requirements, please don’t hesitate to contact Drew Vetter at dvetter@smwpa.com or by phone at 410-244-7000.

–Drew Vetter

SMWK is a leading law and lobbying firm that represents association, corporate, and non-profit clients before Maryland legislative, executive, and regulatory bodies. Our team has a wealth of collective experience advocating on behalf of our clients before Maryland government. SMWK was founded by Joseph A. Schwartz, III in 1978 and is located at 20 West Street in historic downtown Annapolis, just steps from the Maryland State House.