On January 14, AGC submitted comments in response to OSHA’s Heat Injury and Illness Prevention Notice of Proposed Rulemaking (NPRM). The proposed rule is a result of an effort by the agency going back more than three years. The NPRM focused on the basic elements of a heat injury and illness prevention program, which include water, rest, shade, acclimatization, and training and education. OSHA presented the standard as a performance-based standard that would allow employers to tailor programs specific to their operations. However, the proposed regulatory text does not provide the level of flexibility needed for the construction industry, presenting significant compliance challenges.
In our comments, AGC highlighted the proposal’s failure to account for the dynamic nature of the construction industry. The requirements for access to drinking water, shaded break areas, and mandatory rest breaks at or above the high heat trigger appear better suited for a more predictable workplace, such as manufacturing. Additionally, the proposed rule lacks any consideration for the geographical differences in climate by imposing blanket trigger temperatures across the country. OSHA also avoided addressing the significant role personal risk factors play in an individual’s susceptibility to heat. AGC argued that by not providing clear guidance on employer and employee responsibilities in this area, the proposed rule could potentially expose workers to greater risks associated with exposure to heat and increase liability among employers.
The next step in the rulemaking process will be the informal public hearing, which is scheduled to begin on June 16, 2025, and which AGC intends to participate in. In addition to our independent comments, AGC also supported, and incorporated by reference, the comments submitted by the Construction Industry Safety Coalition (CISC) and the Coalition for Workplace Safety (CWS).
For more information, please contact Kevin Cannon or Nazia Shah.