PORTLAND, Ore. — Portland is getting hit with a major heat wave this week, with highs expected to hit or surpass 100 degrees several days in a row — the hottest temperatures the region has seen since a similar heat wave last year and the record-shattering 2021 heat dome.
The three years since the heat dome have seen a flurry of new rules and legislation aimed at protecting Oregonians and avoiding another death toll like the 2021 event, including new worker protections that took effect last summer.
With the return of triple-digit temperatures, it's worth reviewing the accommodations that Oregon employers are required to provide for their staff.
THE QUESTION
Are Oregon employers required to provide heat protection for workers?
THE SOURCES
- Oregon OSHA heat illness FAQ
- Oregon OSHA heat illness rule summary
- OREGON MANUFACTURERS AND COMMERCE et al
v. OREGON OCCUPATIONAL SAFETY AND HEALTH DIVISION et al
THE ANSWER
Yes, Oregon employers are required to provide heat protection, including specific measures like access to shade and cool water and breaks to cool down.
WHAT WE FOUND
The Oregon Occupational Safety and Health Division (often referred to as Oregon OSHA in reference to the similar federal agency) has always had general-purpose workplace safety rules that require employers to take measures to protect employees' health from hazardous conditions, but they didn't originally specify what measures should be taken for heat.
The push for an update began almost immediately after the heat dome in late June 2021, when then-Gov. Kate Brown directed Oregon OSHA to enact emergency rules for heat protection, referencing the death of an immigrant farmworker during the heat wave.
The temporary rules required employers to provide access to shade and drinking water when the heat index hit 80 degrees, with additional rules for cool-down breaks and monitoring employees for symptoms of heat illness when the heat index hit 90 degrees.
The emergency rules expired after 180 days, but Oregon OSHA followed up with a similar set of permanent rules that were adopted in May 2022 and went into effect in June of that year. The agency also adopted a set of permanent rules for wildfire smoke safety at the same time, which took effect in July 2022.
Several Oregon industry groups filed a lawsuit challenging the permanent rules, but court records show the the case was dismissed in December. The plaintiffs appealed in January, but the appeal was also dismissed in March.
Although the temperatures weren't record-breaking, July 2022 did bring a lengthy string of days above 90 degrees, and Oregon OSHA received more than 60 heat-related workplace complaints by the end of the month. The count grew to 269 by the end of August 2022, with a large share of the complaints coming from restaurant workers in buildings that lacked air conditioning.
At that time, an Oregon OSHA spokesperson said the agency had 65 open heat-related inspections and had issued four heat rule citations ranging from $150 to $735.
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