OSHA Heat rule: Small business largely favors two provisions
OSHA is free to work toward a proposed rule on outdoor and indoor heat hazards, now that a small business advisory review (SBAR) panel submitted its 332-page report to the agency. The report stops short of making an overall recommendation for or against the issuance of a rule. Instead, it provides detailed input, findings, and recommendations. Training and written program provisions garnered large support from participating small entity representatives (SERs).
The SBAR panel consisted of representatives from OSHA, the Office of Management and Budget (OMB), and the Small Business Administration’s Office of Advocacy. In September, the panel met with 82 SERs from construction, manufacturing, landscaping, recreation/amusement, utilities, agriculture, and other impacted industries.
Potential standard elements
OSHA sought input from SERs on how the potential options for eight major Heat Standard elements might affect the operations of their workplace:
- Scope
- Heat injury and illness prevention program
- Hazard identification and assessment
- Hazard prevention and control measures
- Medical treatment and heat-related emergency response
- Worker training
- Recordkeeping
- Communication on multi-employer worksites
Many SERs felt a standard is unnecessary
According to the report, many SERs said that they are doing most of the standard elements. Therefore, they thought a Heat Standard is unnecessary. One SER said federal data (of 33 heat-related deaths per year) did not justify issuance of a standard. Yet, some SERs found a need for the standard and said OSHA’s framework was not too burdensome. Other SERs suggested alternatives to a standard:
- Issue more guidance,
- Enforce the General Duty Clause of the Occupational Safety and Health Act, and
- Put a heat-related injuries/illnesses column on the OSHA 300 Form.
Summary of findings and recommendations
Details of the panel’s recommendations and findings can be found in the report. In summary, the report finds and/or recommends the following:
Area: | Report findings and/or recommendations: |
Flexibility and scalability |
|
Heat triggers |
|
Supporting data |
|
Recordkeeping |
|
Temperature measurement |
|
Rest breaks |
|
Water |
|
Acclimatization |
|
Solo and mobile workers |
|
Training |
|
Heat injury and illness prevention programs |
|
Cost/time estimates |
|
Engineering and administrative controls |
|
OSHA welcomes your comments
As OSHA works toward a proposed Heat rule, the agency opened the rulemaking for comment through December 23, 2023, in Docket No. OSHA-2021-0009 at Regulations.gov. OSHA seeks comment on the materials posted on its Heat Injury and Illness SBREFA webpage and any aspect of the materials in the docket.
Keys to remember
The SERs favor training and written programs but have flexibility or infeasibility concerns with other provisions. OSHA is free to develop a proposed rule on outdoor and indoor heat hazards, and the agency reopened the docket through December 23.