Outdoor workers in Washington must take paid 15-minute rest breaks every hour when the temperature hits 100 degrees beginning July 17, the Department of Labor and Industries announced Wednesday.

The rule will apply to farmworkers, construction workers and all other non-emergency workers who are outside for at least 15 minutes an hour. In all, the rule will apply to 396,500 workers, L&I estimates.

L&I carved out exceptions for firefighters, police officers and utility workers responding to emergencies.

“Our climate is changing, and these updates to our state heat rules are a major step forward in protecting workers,” L&I Director Joel Sacks said in a statement.

The United Farm Workers union petitioned for heat-exposure rules in 2021. L&I invoked emergency rules in 2021 and 2022. The rule will affect about 3,500 agricultural employers, according to L&I.

When the temperature reaches 90 degrees, workers must get paid 10-minute cooling-down periods every two hours. Workers must have a way to cool off, such as shade, fans or misting stations.

The breaks can coincide with other scheduled rest breaks or meals. If during an unpaid meal break, the rest break will be unpaid, too.

Other rules kick in at 80 degrees. Employers must provide cool water and shade and allow workers to take paid “preventive cool-down periods” at their discretion.

The rules will apply to outdoor workers even if they work in the shade, such as under a canopy at a farmers market.

Public hearings around the state on the rule were not heavily attended, though the department did receive comments that the rule was either too burdensome or too lax.

Unlimited preventive cool-down periods could be abused, according to one comment. L&I responded that employers could address the misusing of cooling periods the same way they address misusing other breaks.

One person commented that workers should receive hazard pay when the temperature hits 80 degrees and pulled off the job at 90 degrees. Workers should be paid for missed work time, the person said.

L&I rejected that suggestion. The department noted that some farms already adjust their schedules to avoid harvesting crops when temperatures are high.

The rule also will require employers to monitor new employees until they became acclimated to the heat.

Last summer, employers were required to provide water and shade at 89 degrees, along with 10-minute paid breaks every two hours. Last year’s rules did not require more frequent breaks in triple-digit heat.

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