Status

On July 2, 2024, the U.S. Department of Labor’s Occupational Safety and Health Administration issued its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule. OSHA’s proposed rule would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime and agriculture sectors where OSHA has jurisdiction and require employers to develop programs and implement controls to protect employees from heat hazards. Read ABC’s release on the proposed rule.

OSHA is giving the public 120 days to submit written comments on the proposal after publication in the Federal Register. ABC will be submitting detailed comments.

In September 2023, the Small Business Advocacy Review Panel hosted video conferences to gather input from small entity representatives on the potential rulemaking, and an ABC member participated as a SER during one of the conferences. In December, ABC submitted comments as a steering committee member of the Construction Industry Safety Coalition and the Coalition for Workplace Safety to OSHA following its review of the SBAR Panel materials and the final report, which was issued on Nov. 3.

CISC’s comments state, “The construction environment is inherently fluid and CISC has significant concerns with any regulatory approach that imposes prescriptive, complicated requirements on construction industry employers.”

“The CISC urges OSHA to focus its regulatory approach on the key concepts of ‘Water, Rest and Shade’ and provide construction employers the necessary flexibility to make such a standard effective. For the same reasons, the CISC reiterates its invitation for OSHA to consider a separate regulatory approach for the construction industry, as OSHA has done in other rulemakings.” 

CWS’ comments state: “The CWS supports recommendations expressed in the Panel Report, and in other comments submitted to the agency, recognizing that flexibility, versus a ‘one-size-fits-all’ standard, is necessary for employers to prevent or mitigate heat-related injuries and illnesses in their workplaces the most effectively.” Read CWS’ press release.

OSHA issued new resources to protect workers from the effects of heat in 2023. The department also announced that OSHA will intensify its enforcement where workers are exposed to heat hazards, with increased inspections in high-risk industries like construction and agriculture. These actions will fully implement the agency’s National Emphasis Program on heat, announced in April 2022, to focus enforcement efforts in geographic areas and industries with the most vulnerable workers.

In January 2022, ABC, as a steering committee member of CISC, submitted comments in response to the Advance Notice of Proposed Rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, issued by OSHA on October 27, 2021. The ANPRM requested information on how to implement regulations to prevent workers from hazardous heat.

Desired Outcome

ABC strongly supports worker safety and protection from heat injury and illness, while maintaining flexibility for the fluid nature of the construction environment. Any regulatory approach must be simple and should integrate the key concepts of “water, rest, shade.” Employers play a key role in providing training and awareness regarding heat protection, and ABC will continue to support members in ensuring preparedness for heat-related issues through a wide range of resources.