News & Info

BIAW Beats Back Restrictive L&I Heat Stress Rules

During June, the state Department of Labor & Industries (L&I) announced its decision to adopt a permanent heat stress rule for all Washington employers, effective July 5, 2008.  However, thanks to BIAW's aggressive opposition to the rule and the hundreds of BIAW members who attended public hearings last month to protest the rule, the most egregious components of the proposed rule have been stripped from the version adopted by L&I.

After overwhelming opposition from BIAW members, L&I withdrew its proposed requirement that employers monitor "Environmental Risk Factors" such as radiant heat, humidity, etc.  The version adopted by L&I will require employers to provide heat stress awareness training to employees and supervisors.  Employers will also have to provide a sufficient quantity of water for employees, which is consistent with current rules for construction workers.  Increased quantities will be required on hotter days, and employers must have a plan for how they will address potential heat stress on the job site.

While the rule is still ridiculous and unnecessary, L&I's removal of the most complicated and costly components of earlier proposed versions from this final draft is a significant victory.  In a meeting earlier this week, L&I Director, Judy Schurke, credited BIAW for having a consistent message opposing the heat stress rule over the years, contrasting BIAW's consistency with other groups' frustratingly inconsistent positions.

BIAW will continue to monitor the heat stress issue, particularly as L&I drafts "WRD", or enforcement document, for the rule.  This internal policy memo provides insight as to how L&I inspectors plan to enforce the rule in the field.  In 2002, L&I adopted a 14-page ergonomics rule...followed by an 83-page WRD which spurred widespread opposition to the rule.  BIAW will ensure L&I does not take the same approach on heat stress, and will consider legal action if the WRD exceeds the proposed rule requirements.