Description of the blog
On Jan. 14, ABC submitted comments to the U.S. Department of Labor’s Occupational Safety and Health Administration 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. 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. In addition, as a steering committee member, ABC joined the Construction Industry Safety Coalition and the Coalition for Workplace Safety comment letters.
ABC’s states in its comment letter:
“ABC strongly supports worker health and safety and protection from heat injury and illness, while maintaining flexibility for the fluid nature of the construction environment. Throughout the heat rulemaking, ABC has continued to urge OSHA to focus on the key concepts of ‘water, rest, shade’ and provide construction employers the necessary flexibility to make such a standard effective.
“ABC believes employers should equip their employees and leadership teams to develop their own health and safety plans, unique to their jobsites. We also provide tools to employers so that they can equip and empower supervisors to recognize the signs and symptoms of heat illness as well as provide necessary rest, water and shade that is dependent on local conditions. ABC’s members work to ensure that jobsites are safe and strive to implement the most appropriate practices for working in extreme heat conditions that focus on the individual worker.
“Unfortunately, the more than 1,000-page proposed rule imposes prescriptive, complicated requirements on construction industry employers, limiting all flexibility, which could weaken contractor efforts to prevent heat stress for workers. Flexibility is limited because OSHA has imposed rigid requirements, which include heat triggers, theacclimatization 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. Additionally, construction jobsites vary in size, time, scope and duration, and flexibility is needed to ensure feasibility for compliance.
“As a member of the CISC steering committee, ABC has consistently urged OSHA to develop a separate regulatory approach for the construction industry. To combine all employers conducting outdoor and indoor work in general industry, construction, maritime and agriculture sectors into one regulatory approach is misguided. ABC and its coalition partners urged OSHA to recognize that there are significant differences in the types of job tasks, the work performed and even the environmental conditions in which construction industry employees work. Moreover, there is existing precedent for the agency to develop a separate standard for the construction industry based on previous rulemakings.
“ABC strongly urges OSHA 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.”
ABC’s comments also state that the proposed rule’s heat triggers are unworkable; rest breaks should be flexible; the proposed rule’s acclimatization schedule for new and returning employees will be particularly onerous for the construction industry; OSHA lacks the statutory authority to define “employee representative”; OSHA should clarify who can serve as the heat safety coordinator; effective two-way communication should be practicable; and the proposed rule’s prescriptive requirements will create challenges for small businesses.
Learn more about ABC’s position on the proposed rule in its comment letter.
ABC will continue to monitor this rulemaking and provide updates in Newsline.
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 the Construction Industry Safety Coalition, submitted comments in response to the ANPRM on Jan. 26, 2022.
On April 12, 2022, OSHA announced a National Emphasis Program on Outdoor and Indoor Heat-Related Hazards, which sets out a targeted enforcement effort and reiterates OSHA’s compliance assistance and outreach efforts.
On July 27, 2023, OSHA issued a heat hazard alert to remind employers of their obligation to protect workers against heat illness or injury in outdoor and indoor workplaces. 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. On Sept. 29, OSHA issued new resources to protect workers from the effects of heat.
In December 2023, ABC submitted comments as a steering committee member of the CISC and the 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, 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. The panel’s final report was issued on Nov. 3.
On Aug. 30, 2024, the OSHA published its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule. Read ABC’s release on the proposed rule. The deadline for the public to submit written comments on the proposed rule was extended to Jan. 14, 2025, from the original deadline of Dec. 30.
Elements of the proposal include the following:
OSHA resources on the proposed rule:
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