While excessive heat has always been a concern for the construction industry, 18 of the last 19 years have been the hottest on record. From 1992 through 2017, heat stress in the United States has killed 815 workers and seriously injured over 70,000 workers, according to the Bureau of Labor Statistics. Yet, the Occupational Safety & Health Administration (OSHA) believes the numbers are even higher as heat-related injuries and deaths can be misclassified and underreported.
As the National Weather Service continues to roll out heat advisories, OSHA is considering setting a heat-specific workplace standard. Currently, OSHA has not had a heat-specific standard and has relied on the general duty clause to protect workers from heat-related hazards. In October 2021, OSHA published an Advance Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register.
Background of the proposed rulemaking states, “Workers in agriculture and construction are at the highest risk, but the problem affects all workers exposed to heat, including indoor workers without adequate climate-controlled environments. Workers of color disproportionately make up the population of employees in essential jobs who are exposed to high levels of heat, which exacerbates socioeconomic and racial inequalities in the U.S. In addition, climate change is increasing the frequency and intensity of extreme heat events, as well as increasing daily average daytime and nighttime temperatures.”
To gather information and technical expertise, comments were open to the public from the end of October 2021 until Jan. 26, 2022. Since January, OSHA requested for the National Advisory Committee on Occupational Safety and Health (NACOSH) to provide recommendations and advice on the Heat Injury and Illness Prevention guidance and rulemaking. OSHA also established a Heat Injury and Illness Prevention Work Group to assist NACOSH.
Rob Matuga, assistant vice president of labor, safety, and health at the NAHB, is the association's representative for the work group. He says, “This work group has two tasks. One is to evaluate and provide input and recommendations on OSHA’s current heat illness prevention materials, and the other is to look at the stakeholder input from the advance notice of proposed rulemaking and develop recommendations.”
While it’s still early in the rulemaking process, Matuga shares there is some movement, and he is hopeful that comments, including NAHB’s and the Construction Industry Safety Coalition’s, are taken into consideration. “We really raised some concerns about potential regulatory approaches the agency might be taking and were really clear in saying that the heat issue is going to impact parts of the country differently. The heat experienced in Louisiana versus the heat that’s experienced in the desert Southwest versus heat that could be in Michigan ... it’s all slightly different, and people are acclimated to the heat differently. So, we’ve told the agency that if they are going to make it a regulatory approach, it should really be simple and follow the key concepts of 'Water, Rest, and Shade,' and that’s what OSHA’s program is really based upon.”
Recently, the Department of Labor came out with its semiannual regulatory agenda that includes everything the agencies are working on. The Heat Illness Prevention in Outdoor and Indoor Work Settings was included in the agenda, but no new information was released.
“There are a lot of technical issues and considerations addressing the heat issue,” Matuga adds. “There are heat stress thresholds, climatization, planning for how you monitor heat, and there’s medical issues as well.”
As OSHA continues exploring the potential rulemaking, Matuga’s best advice is: “Especially as we’re in the middle of the summer, have a plan. Make sure that your workers are well hydrated with water, make sure they take the appropriate rest breaks, are seeking shade to cool down whenever possible, and that you really have a plan to ensure that it’s implemented.”
