The Occupational Safety and Health Administration’s (OSHA) proposed rule on reducing workplace risks related to extreme heat has recently begun raising concerns that the attempt to mandate paid breaks may go beyond OSHA's congressionally authorized authority, as well as beyond promoting the safety of the employees.

The proposal, published in the Federal Register, is geared toward managing workplace safety in extreme heat — the leading cause of death out of all weather-related hazards in the US, according to OSHA. Employers would be obligated to develop a heat illness and injury prevention plan and follow specific requirements for rest breaks. Most notably, this rule calls for 15-minute paid breaks every two hours when the heat index rises to 90ºF with the employers to bear the financial responsibility. 

Mandating as-needed break time in and of itself may not be a big deal, but requiring it to be paid and at specific intervals may be ripe for a challenge.

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