The Proposed Standard: On July 2, the Occupational Safety and Health Administration (OSHA) published its proposed standard addressing heat illness in outdoor and indoor settings. The proposal codifies many of the heat safety practices the construction industry already uses to protect workers. Those measures, which broadly fall into the categories of water, rest, shade, and training, were crafted by contractors as part of their general duty obligations to protect workers from hazards associated with high temperatures. However, OSHA has not addressed the disparate impacts of heat in various parts of the country. The impacts on worker safety of a 90°F day in Mississippi are different than a 90°F day in Alaska. The final version of the rule should take into account regional differences in weather patterns.

How we got here: For the past several years, OSHA has engaged in efforts to increase enforcement and regulatory oversight of excessive heat exposures in all industry sectors with an emphasis on agriculture and construction. Beginning in late 2021, the agency issued a memorandum to regional administrators that laid out inspection guidance for heat related inspections. This was followed by the publishing of an advanced notice of proposed rulemaking (ANPRM) in October 2021, which formally began the process of promulgating a federal heat standard. In April 2022, OSHA then issued the first-ever national emphasis program (NEP) for outdoor and indoor heat related hazards to serve as an enforcement policy until or when a final rule is published. Typically, NEPs serve as temporary programs that focus OSHA’s enforcement resources on a particular hazard to support an existing regulation or standard. In this case, there currently is no standard in place, so the NEP created an ambiguous set of requirements that were unsupported by any established compliance obligations.

AGC Advocacy Efforts: Most recently, OSHA initiated the small business regulatory and enforcement fairness act (SBREFA) process to solicit input from small businesses regarding the impact a national outdoor and indoor heat standard will have on their operations. AGC put forward three contractor members to participate in the process that included a series of six teleconferences in September 2023 with a final report in November 2023. The information and concerns shared assisted the agency in the development of a formal notice of proposed rulemaking (NPRM).

Click here to learn more!

Upcoming Safety Classes

AGC Houston is proud to partner with the Region VI OSHA Education Center at the University of Texas at Arlington. The OSHA Education Center at the University of Texas at Arlington is the top-ranked OSHA Training Institute Education Center in the country. AGC Houston is not an OSHA Training Institute Education Center but serves as a host-training organization for the University of Texas at Arlington OSHA Training Institute Education Center.

View the full list of OSHA UT-A courses here.

SEPTEMBER

9/3/2024 - 9/5/2024: OSHA #3085 PRINCIPLES OF SCAFFOLDING

9/3/2024 - 9/5/2024: CPT 101 FALL PROTECTION FOR THE COMPETENT PERSON

9/3/2024 - 9/6/2024: OSHA #511 OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR GENERAL INDUSTRY

9/5/2024 - 9/26/2024: OSHA 30-HOUR IN CONSTRUCTION

9/9/2024 - 9/12/2024: OSHA #510 OCCUPATIONAL SAFETY AND HEALTH STANDARDS FOR CONSTRUCTION

9/9/2024 - 9/13/2024: SH 385 EM 385-1-1 U.S. ARMY CORP OF ENGINEERS SAFETY AND HEALTH REQUIREMENTS

9/10/2024 - 9/11/2024: OSHA 10-HOUR IN CONSTRUCTION

9/10/2024 - 9/12/2024: OSHA #3015 EXCAVATION, TRENCHING, AND SOIL MECHANICS

9/13/2024: OSHA #7515 JOB HAZARD ANALYSIS (JHA)

9/16/2024 - 9/19/2024: OSHA #2045 MACHINERY AND MACHINE GUARDING STANDARDS