State and federal governments have long implemented federal procedures for environmental risks exacerbated by climate change, namely drought, flood and wildfires. But extreme heat protections have generally lagged with “no owner” in state and federal governments, said Ladd Keith, an assistant professor of planning and a research associate at the University of Arizona.
Instead, workers in many states who are exposed to extreme heat are ostensibly protected by what is known as the “general duty clause,” which requires employers to mitigate hazards that could cause serious injury or death. The clause permits state authorities to inspect work sites for violations, and many do, but there are no consistent benchmarks for determining what constitutes a serious heat hazard.
Extreme heat is notably absent from the list of disasters to which the Federal Emergency Management Agency can respond. And while regional floodplain managers are common throughout the country, there are only three newly created “chief heat officer” positions to coordinate extreme heat planning, in Miami-Dade County, Phoenix and Los Angeles.
The Biden administration introduced new regulations in 2021 that would develop heat safety standards and strengthen required protective measures for most at-risk private sector workers, but the mandates are likely subject to several more years of review. A group of Democratic U.S. Congress members introduced a bill last month that would effectively speed up the process by legislating heat standards.