On June 18, AGC of America and two of its member firms participated in the informal public hearing on OSHA’s Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule. Kevin Cannon, Sr. Dir. Safety, Health, and Risk Mgmt. at AGC of America, Stephen Kinn, Sr. Safety Manager at Kwest Group, and Bob Kunz, Corp. Safety Director at Dimeo Construction Co. provided testimony highlighting industry concerns with the proposed rule while also offering practical guidance to the agency on potential improvements.
The combined testimony strongly encouraged OSHA to adopt a less prescriptive and a more performance-based approach given the dynamic nature of the construction industry where the work environment is constantly evolving. Some challenges and solutions discussed included the following:
- The proposed rule’s heat injury and illness prevention plan (HIIPP) would require employers to identify the specific location of break areas. This presents a logistical challenge and would require frequent updates to the required written plan as these locations could change on a daily or weekly basis. One recommendation put forward is for OSHA to allow employers to utilize a job safety analysis (JSA), which are commonly used, to provide daily updates on heat safety protocols in lieu of a formal written plan.
- The multi-employer citation policy and its potential to penalize general contractors for any violations created by trade partners. The agency was urged to ensure that any final rule places the responsibility for implementing an effective heat safety plan solely on the direct employer of the affected employees.
- Requirement to document temperature conditions in indoor work environments for a period of six months. Our belief is that these records have limited to no utility in predicting future work environments and would be unnecessarily burdensome without any real benefit to employees.
- The requirement of a heat safety coordinator to oversee the effective implementation of an employer’s heat safety plan. Instead of this unprecedented approach, it was recommended that all employees receive the same level of training, eliminating the need for such a position.
The full testimony can be accessed via YouTube. AGC plans to submit additional information by way of post-hearing comments, the deadline for which is currently set for September 30.
For more information, contact Kevin Cannon.