23 May Maryland’s Heat Stress Safety Standards
As we approach summer, we are approaching the first summer (2025) when Maryland’s Heat Stress Standards will be in effect. Adopted in September 2024, the standards apply to all employers in the state.
Maryland’s new Heat Stress Standards establish mandatory protections for employees exposed to high temperatures during work, whether indoors or outdoors. The regulation applies whenever the heat index equals or exceeds 80°F. Here is a handy quick chart to determine the heat index. (Source: National Weather Service). This would include restaurant kitchens or manufacturing locations where high heat is possible.
NOTE: Employers with workers outside should note that the heat index is measured in the shade. In full sunlight, the temperature might feel 15 degrees warmer.
Employers must monitor the heat index and implement a written Heat-Related Illness Prevention and Management Plan.
At 80°F or higher, employers are required to:
- Provide cool, potable drinking water at no cost (32 ounces per employee per hour).
- Offer shaded or cooled rest areas near the worksite.
- Encourage hydration and rest breaks as needed.
- Develop and implement an acclimatization plan for new or returning employees.
- Provide heat-related illness training in a language employees understand.
- Maintain a written prevention plan accessible to employees and Maryland Occupational Safety and Health (MOSH).
In addition to the above, when the heat index is at 90°F or higher, additional high-heat procedures are mandatory:
- Implement structured rest periods: at least 10 minutes every 2 hours if heat index is 90–100°F, or 15 minutes per hour if above 100°F, unless effective alternative cooling measures are in place.
- Monitor employees regularly for signs of heat illness using communication tools like buddy systems or radios.
- Ensure rest periods occur in shaded or cooled spaces.
- Maintain written high-heat procedures available in a language employees understand.
All employers subject to this regulation must:
- Establish an emergency response plan for suspected heat illness.
- Monitor the worksite heat index throughout shifts.
- Train workers and supervisors on risks, symptoms, prevention, and response.
- Keep training records for one year.
- Ensure shaded areas or equivalent cooling are accessible and adequate.
- Not discourage rest or hydration.
Employers must act now to comply by developing required policies, training staff, and acquiring necessary resources. Failure to comply may result in penalties under Maryland’s labor laws.
So what might those penalties be, you ask?
1. Civil Penalties (Fines)
- Serious violations (i.e., a substantial probability that death or serious physical harm could result):
Up to $15,625 per violation (adjusted annually for inflation). - Willful or repeated violations:
Up to $156,259 per violation. - Failure to abate (not correcting a cited violation within the prescribed time):
Up to $15,625 per day beyond the abatement date. - Other-than-serious violations (which have a direct relationship to job safety and health but are not likely to cause death or serious harm):
Up to $15,625 per violation, though these are often lower and may be adjusted based on business size and good faith.
2. Criminal Penalties
- If an employer willfully violates a standard and the violation causes the death of an employee, the employer may face criminal charges, including:
- Fines and/or
- Imprisonment for up to 6 months (increased to 1 year for repeat convictions under federal OSHA standards adopted by Maryland).
3. Inspection and Enforcement Actions
- MOSH has the authority to inspect worksites and issue citations.
- Employers may be required to produce written heat illness plans, training records, and proof of compliance.
- Failure to cooperate with investigations or falsifying records can lead to additional penalties.
4. Injunctions or Cease Operations Orders
- In severe cases, MOSH may seek court orders to stop unsafe practices or shut down hazardous operations until compliance is achieved.
Yes, you read that right. The state could shut down your operation if you do not take proper safety precautions for high heat conditions.
Please schedule a consultation if you believe you will need a Heat-Related Illness Prevention and Management Plan.