Biden administration proposes rule for workplaces to address excessive heat

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By SUSAN NAISHADHAM

Associated Press

WASHINGTON (AP) — The Biden administration proposed a new rule Tuesday to address excessive heat in the workplace, as tens of millions of people in the U.S. are under heat advisories due to blistering temperatures.

If finalized, the measure would protect an estimated 36 million U.S. workers from injuries related to heat exposure on the job — establishing the first major federal safety standard of its kind. Those affected by excessive heat in the workplace include farmworkers, delivery and construction workers, landscapers and indoor workers in warehouses, factories and kitchens.

President Joe Biden planned to highlight the rule on Tuesday when he gets a briefing on extreme weather and delivers remarks.

Despite increased awareness of the risks posed to human health by high temperatures, extreme heat protections — for those routinely exposed to heat index readings above 80 degrees Fahrenheit (27 degrees Celsius) — have lagged.

Under the proposed rule, employers would be required to identify heat hazards, develop emergency response plans related to heat illness, and provide training to employees and supervisors on the signs and symptoms of such illnesses. They would also have to establish rest breaks, provide shade and water, and heat acclimatization — or the building of tolerance to higher temperatures — for new workers.

Penalties for heat-related violations in workplaces would increase significantly, in line with what workplaces are issued for violations of Occupational Safety and Health Administration rules, a senior White House administration official said.

An estimated 2,300 people in the U.S. died from heat-related illness in 2023. Workers with prolonged exposure to extreme heat are among the most vulnerable to related health risks, such as heatstroke and other illnesses, according to the Centers for Disease Control and the National Oceanic and Atmospheric Administration.

As the hottest month of the year gets underway, millions of Americans will be at greater risk of heat strokes, dangerous dehydration and heat-related heart stress.

The Labor Department has been developing a standard for how workplaces deal with heat since 2021, with OSHA having held meetings last year to hear about how the proposed measures could affect small businesses.

Heat protection laws in the U.S. have faced steady industry opposition, including from chambers of commerce and other business associations. Many say a blanket mandate would be difficult to implement across such a wide range of industries.

California, Colorado, Oregon, Minnesota and Washington are the only states with workplace standards for heat exposure. Some regulations have recently come under attack by Republicans. Over the past year, Florida and Texas, led by Gov. Ron DeSantis and Gov. Greg Abbott, both Republicans, passed legislation preventing local governments from requiring heat protections for outdoor workers.

If finalized, the Democratic administration’s rule would override state measures, and states with existing procedures to deal with heat would have to institute measures that are at least as stringent as the finalized federal rule.

Contractors weigh in on proposed rules

Shortly after news over the rule broke, both the Associated General Contractors of America and the Associated Builders and Contractors released responses to the government’s proposal.

Jeffrey D. Shoaf, the chief executive officer of the Associated General Contractors of America, said in a statement the federal government’s drafted rule was “disappointing.”

“The proposed new federal heat safety rule codifies many of the heat safety practices the construction industry already uses to protect workers,” Shoaf said. “Those measures, which broadly fall into the categories of water, rest, shade and training, were crafted by construction firms as part of the general duty obligations to protect workers and keep them healthy,” he added.

The impacts on worker safety of a 90-degree day in Mississippi are different than a 90-degree day in Alaska. The final version of the rule should take into account regional differences in weather patterns,” Shoaf continued.

Shoaf said that the proposal lacked emphasis on how workers should protect themselves on the job site and noted that AGC appreciated chances it had to help federal safety proposals create the new rule.

“ABC continues to believe employers should equip their employees and leadership teams to develop their own safety plans, unique to their jobsites, and we strongly encourage review of all applicable OSHA rules and guidelines,” said Greg Sizemore, ABC vice president of health, safety, environment and workforce development.

“However, those protections must be flexible in response to the fluid nature of the construction environment, and unfortunately some of the unworkable provisions in the proposed rule could weaken contractor efforts to prevent heat stress for workers,” Sizemore added.

ABC said it will review the more than 1,000-page proposed rule and in 2023 submitted comments to OSHA through a steering committee. AGC said it will continue to work with federal health officials toward a final rule.

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The Daily Reporter staff Ethan Duran contributed to this report.