Employees have a right to feel safe at work, and employers have a responsibility to ensure fair working hours and pay, equal treatment, and protection from potentially hazardous scenarios, such as harmful chemical exposure or extreme temperatures. To hold companies accountable for the way they treat their employees, global authorities have mandated regulations on workplace protection across the globe.
Read on for a summary of the latest regulatory trends in the United States.
State level action on unsafe exposure
OSHA’s National Emphasis Program (NEP) on Outdoor and Indoor heat-related hazards continues to instigate inspections on business environments to ensure safe working conditions. In response, many US states have adopted legislation to enhance worker health and safety policies, including protecting their workers from chemical exposure and extreme temperatures in the workplace.
Chemical exposure
Across states, regulatory authorities have proposed federal regulations to mitigate employee exposure to asbestos, a known carcinogen commonly used in building materials.
In Ohio, the state government’s proposal aims to adopt test methods to control asbestos exposure. The law would apply to companies that own or operate sources of asbestos emissions, or are engaged in asbestos hazard abatement.
In Montana, the NIOSH Manual of Analytical Methods has been adopted, which mirrors a similar proposal to align with federal regulations on asbestos fibers. In addition, Washington has updated state guidance from the US Centers for Disease (CDC) on preventing the spread of respiratory illnesses.
Extreme temperatures
Protecting workers from extreme temperatures remains a priority at the state level, particularly as OSHA continues to monitor it as a common issue.
California, Arizona, Wisconsin, and New York have all proposed heat regulations for indoor exposure, mandating access to clean water, air conditioning, training on identifying heat stress in oneself and colleagues, and the development of a heat illness prevention plan.
Each state varies in its definition of a “high heat environment”:
- California — 82 degrees Fahrenheit and above
- Arizona — 90 degrees Fahrenheit and above
- Wisconsin — 80 degrees Fahrenheit and above
- New York — 80 degrees Fahrenheit and above
Furthermore, Arizona also mandates inspections to reduce heat-related illnesses at work, under the State Emphasis Program (SEP). Washington has also mandated all-year-round outdoor heat exposure requirements, under their amended Outdoor Heat Exposure rules, focusing on shade and acclimatization.
State level action on fair treatment
The federal government has prioritized protecting different classifications of workers, such as pregnant employees, disabled workers, and young members of the workforce.
Pregnant employees
Effective from June 2024, the Pregnant Workers Fairness Act (PWFA) requires employers to make reasonable accommodations to pregnant workers who are limited by their pregnancy, childbirth, or a related medical condition.
In New York, any employer with more than four employees is bound by the PWFA to provide reasonable accommodations to pregnant workers.
Similarly, New Jersey aims to prohibit pregnancy discrimination with a similar law to improve the experience of being at work for pregnant or breastfeeding employees. Both states focus on providing private rooms and sinks for lactating workers.
Employees with disabilities
In the state of New Jersey, applicable companies must post signage to indicate where disabled toilets can be found. And in New York, companies that operate high-rise buildings or facilities may be required to create specific emergency plans to aid people with disabilities.
Young employees
Thirdly, US states have been moderating restrictions on working hours for young employees.
Alabama, Florida, Iowa, and Nebraska are focusing on child labor laws, while Florida and Iowa are also in the process of amending working hours for 16-year-olds. Further, Iowa also requires companies to provide personal protective equipment (PPE) to 14 and 15-year-olds, in addition to keeping a record of when young workers access and use cleaning products.
State level action on working hours
Similarly to the child labor laws mandating specific working hours to protect young people, federal legislation has been proposed to reduce working hours for all employees to support employee wellbeing and mental health, while tackling the rising risk of burnout.
While not yet passed into law, the federal government has proposed a bill to reduce the standard work week from 40 hours to 32 hours. Massachusetts has suggested a similar bill to create a four-day working week.
Washington adopted a bill concerning the workload of warehouse workers, which came into effect in July 2024, and requires warehouses to ensure adequate break times and bathroom access. New York has proposed a similar bill, including a rule which protects employees from disciplinary action for taking breaks. Alaska and Connecticut are also debating bills on workload and hours.
Protecting employees
As evidenced by emerging legislation and bills under consideration across the United States, the country is placing greater regulatory emphasis on better controlling, monitoring, and measuring the conditions of employees at work.
Mental health remains a trending concern. Regulations are also focused on protecting young and disabled workers from overworking, and keeping employees safe from harmful chemicals or dangerous temperatures.
Staying ahead of these regulatory topics as they continue to shift and transform with new and updated legislation is crucial to remain compliant.
Download our whitepaper on Managing mental health in the workplace for expert insights into navigating the relationship between mental health, occupational health, and compliance.