Joe Xavier, ABC senior director of health and safety, testified on Wednesday, June 18 before the U.S. Department of Labor’s Occupational Safety and Health Administration in a public hearing on OSHA's Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Proposed Rule.

In his testimony, Xavier reiterated ABC’s recommendation of more flexibility on jobsites—that OSHA allow supervisors and employees to work together and coordinate safe approaches for rest breaks, focusing on the individual employee’s needs, the nature of work and the specific workplace conditions.

ABC urges OSHA to focus on heat hazard awareness training and allow employers to develop acclimatization protocols tailored to their worksite.

Finally, ABC urged OSHA to develop a separate regulatory approach for the construction industry.

Overall, Xavier emphasized ABC’s commitment to protecting workers from recognized hazards, including heat injury and illness.

The hearings are scheduled through July 2. At the close of the hearings, there will be a post-hearing comment period. OSHA expects the post-hearing comment period to last for 90 days, until Sept. 30.

ABC will continue to monitor this rulemaking and provide updates in Newsline.

Background

On Jan. 14, 2025, 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.

Learn more about ABC’s position on the proposed rule in its comment letter.

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.

OSHA published its Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings proposed rule on Aug. 30, 2024. Read ABC’s release on the proposed rule.