On Oct. 30, ABC submitted post-hearing comments to the U.S. Department of Labor’s Occupational Safety and Health Administration in response to OSHA’s informal public hearing on its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule. On June 18, ABC participated in the informal public hearing and was asked a series of questions by OSHA, which ABC’s comments address. 

As explained in the comments, “ABC remains committed to helping its members protect their employees from recognized hazards, including heat injury and illness. A standard addressing heat injury and illness must be flexible and performance-based. Despite requests from ABC and its coalition partners in the construction industry requesting flexibility, OSHA’s proposed rule is a rigid, one-size-fits-all approach. The very nature of construction means that the worksite will change hourly and daily. 

“It is misguided to apply one regulatory approach to all employers conducting outdoor and indoor work in general industry, construction, maritime and agriculture sectors. ABC reiterates its request that OSHA withdraw the current rule as proposed, revise it to allow greater flexibility for affected industries and, at a minimum, develop a separate standard for the construction industry.”

Needed flexibility is limited in OSHA’s proposed rule because the agency has imposed rigid requirements, which include heat triggers, an acclimatization schedule for new and returning employees, mandatory rest breaks and the use of a heat safety coordinator, among others. OSHA failed to recognize the practical applications needed on construction jobsites. Employers and employees need flexibility to account for differences among worksites, geographical locations, work responsibilities and available technology. Employers also need better guidance from OSHA on hybrid worksites where work initially begins outside and then transitions to “indoor” conditions. Additionally, construction jobsites vary in size, time, scope and duration, and flexibility is needed to ensure feasibility for compliance.

As a steering committee member, ABC also shares the concerns and recommendations provided in extensive post-hearing comments filed by the Construction Industry Safety Committee and the Coalition for Workplace Safety. 

Background:

On Oct. 27, 2021, OSHA issued an Advance Notice of Proposed Rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, which requested information on how to implement regulations to protect workers from hazardous heat. ABC, as a steering committee member of CISC, submitted comments in response to the ANPRM on Jan. 26, 2022, stating that any regulatory approach—if adopted—must be simple and should integrate the key concepts of “water, rest, shade.”

In December 2023, ABC submitted comments as a steering committee member of CISC and CWS in response to OSHA’s potential standard for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings following its review of the Small Business Advocacy Review Panel materials and the SBAR Panel’s final report. In September 2023, the SBAR Panel hosted six video conferences to gather input from small entity representatives. An ABC member participated as a SER during one of the video conferences.

On Jan. 14, 2025, ABC submitted comments to the DOL on its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule, urging the agency to withdraw the current rule as proposed and revise it to allow greater flexibility for affected industries and, at a minimum, develop a separate standard for the construction industry. In addition, ABC joined comment letters submitted by CISC and CWS on Jan. 14.

Continue to monitor ABC’s Newsline for updates on the proposed rule.