‍HAA Editorial Note: In Aug. 2024, OSHA proposed new regulations to protect workers from heat-related injuries and illnesses. The public comment period for these proposed changes is open until Dec. 30, 2024, allowing stakeholders to provide feedback to help guide the final decision. 

For more details, read our previous article on the proposal here.

By Dr. David Michaels

Commissioner, National Commission on Climate and Workforce Health

The comment period for OSHA’s proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings standard will remain open until Dec. 30, 2024.  

The new administration takes office Jan. 20, 2025, and it is not known how the incoming administration will proceed. There is no formal legal obligation to finalize a proposed standard, and, in the past, some incoming administrations have just halted work on proposed standards they did not support.  This occurred during the first administration of President Trump. 

Alternatively, the incoming administration may decide to rescind the proposal, although that must be done through the same notice and comment process that was followed in issuing the proposal.  In that case, OSHA would have to provide a rationale for why the agency is rescinding the rule. Or, the agency could use the comments submitted to issue a modified rule, although that would likely require first issuing and asking for comments on a modified proposal.

Why Comment

In the proposal, OSHA asks members of the public for additional information and comments on a range of topics. It needs this information to write a rule that is effective in reducing risk while also being economically and technologically feasible.  OSHA’s summary of those topics is here.  

Whatever happens after the new administration takes office, I believe it is of great value for stakeholders to provide substantive comment on the current proposal. It will be particularly important for the incoming administration to see that the business community is engaged in thinking about feasible ways to protect workers facing extreme heat, and is providing information to shape the rule so it works for all parties involved.  

Thousands of comments have already been submitted to the docket. Most of these, however, are ones that just note the submitter supports or opposes the proposed rule. While it will be very useful for the incoming administration to hear the opinion of business leaders on the rule, comments that simply express support (or opposition) to the rule are much less impactful than ones that provide substantive information on ways to better protect heat-exposed workers.  

How To Comment

The comments that will have the most impact are ones in which stakeholders (including businesses) provide evidence from their own experience. This is especially true if that evidence directly relates to any of the topics about which OSHA has requested comments.  For example, if a firm has attempted to change work schedules or take other actions during periods of extreme heat, it would be useful to report on the outcomes of the action, including its impact on worker safety and productivity change, as well as the cost of the action.

Comments on the proposed rule can be sent to the Heat Injury and Illness Prevention rulemaking docket. As noted above, comments must be sent by Dec. 30, 2024

More general information about the proposed standard can be found here, and the text of the entire standard can be found in the Federal Register Notice. 

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‍Dr. David Michaels, PhD, MPH is a Professor of Environmental & Occupational Health at the Milken Institute School of Public Health at George Washington University. He served as U.S. Assistant Secretary of Labor for Occupational Safety and Health from 2009 to 2017, the longest-serving administrator in OSHA’s history. Michaels is a member of The National Commission on Climate and Workforce Health and serves on the Health Action Alliance Advisory Council as Executive in Residence.

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