ABMA is closely monitoring this proposed rule and will be prepared to submit comments as necessary. We will keep our members updated on any developments. Sign up for our weekly newsletter, the Advocate to stay informed. For a comprehensive overview of employer requirements, along with summaries and links to comments from the rulemaking process, download ABMA’s OSHA Heat Injury Fact Sheet. Additional information is also available on OSHA’s Heat Exposure Rule-making page.

October 28, 2024

Join SBA and ORIA for a Joint Training Session on Effective Public Participation in Regulatory Rulemaking for Small Entities

The SBA Office of Advocacy and the Office of Information and Regulatory Affairs (OIRA) will host a public training session on “Effective Public Participation in the Regulatory Rulemaking Process for Small Entities” on Tuesday, October 29, 2024, from 3 p.m. to 4 p.m. (ET).

This session will cover key topics such as Executive Order 12866, the Regulatory Flexibility Act, and strategies for effective communication during the rulemaking process.

This invitation is open to all small businesses and interested parties, regardless of whether you plan to participate actively or simply want to learn more about the process.

If you would like to attend, RSVP here. For more information, please reach out to info@abmalliance.org. We hope to see you there!

October 25, 2024

Public Hearings on OSHA’s Emergency Response Rule & SBA Roundtable Invitation

OSHA will hold public hearings on its proposed Emergency Response rule starting Tuesday, November 12, 2024. In conjunction with this process, Bruce E. Lundegren, Assistant Chief Counsel at the U.S. Small Business Administration’s Office of Advocacy, will host a roundtable discussion to guide small businesses through the hearing process.

This roundtable will take place on October 31, 2024, via Microsoft Teams and is open to anyone interested in attending, whether you plan to testify or simply want to learn more about the rule-making process. While this session is not specifically focused on the Heat Injury and Illness Prevention rule, ABMA encourages you to participate, as the information shared will be valuable when it comes time for the hearing on OSHA’s proposed rule.

If you would like to attend, RSVP here. For more information, please reach out to info@abmalliance.org. We hope to see you there!

October 17, 2024

ABMA and SBA Collaborate with NRLA Safety Group on OSHA Heat Safety Rule Concerns

The American Building Materials Alliance (ABMA) recently participated in a meeting of the Northeastern Retail Lumber Association’s (NRLA) Safety Group, which includes lumber and building materials (LBM) executives, employees, safety experts, and representatives from Gallagher Insurance. The group focuses on risk management and workplace safety & health, with particular attention to preventing workplace injuries. 

Gallagher Insurance partners with NRLA to provide a comprehensive insurance program covering property, general liability, workers’ compensation, and more. Participating members can potentially receive future dividends based on favorable loss experience. 

The meeting focused on OSHA’s proposed Heat Illness and Injury Prevention rule, which could significantly impact the industry. Bruce Lundegren, Assistant Chief Counsel of the Small Business Administration’s Office of Advocacy and a recognized expert in regulatory rulemaking, joined as a guest speaker. As an advocate for small businesses, Bruce highlighted several of the rule’s more burdensome provisions, including strict workplace air temperature monitoring, a mandatory one-week acclimatization period for employees, 15-minute breaks every two hours, customized training based on each employees’ level of education, and the requirement for each business to draft and submit a comprehensive compliance plan covering the proposed rule’s more than 1,300 pages of provisions. 

The committee, leveraging its extensive knowledge of LBM safety practices, examined the rule’s potential challenges. Chair Jeremy Baker expressed concerns about the rule’s highly prescriptive nature, noting that it far surpasses the scope of his company’s current heat illness prevention protocols included in their Emergency Action Plans, which has been praised by the insurance industry for its high level of standards. Representatives from Gallagher Insurance also reported that, over the last four years, no heat-related injury claims had been filed by members, questioning the necessity of such a broad regulation. 

This discussion was essential in preparing ABMA to provide industry-specific testimony to OSHA, ensuring that the LBM sector’s concerns are addressed. 

September 25, 2024

Missed the latest Small Business Labor Safety (OSHA/MSHA) Roundtable hosted by the SBA Office of Advocacy? Don’t worry—we’ve got you covered with a quick recap of the key discussions and resources.

Overview: The roundtable, held on September 20, 2024, focused on OSHA’s proposed Heat Injury and Illness Prevention rule and the Emergency Response rule. For the purposes of this article, ABMA will primarily focus on the discussion surrounding the Heat Injury and Illness Prevention rule. According to the Topics Overview section of the roundtable agenda:

“The proposed rule is a programmatic standard that would require employers to evaluate their workplaces and implement controls to mitigate employee exposures through engineering and administrative controls, training, communication, and other measures. The proposed rule includes initial and high heat triggers at the 80- and 90-degree levels, which would require increasingly stringent control measures to protect employees. The rule also includes certain exemptions, including short-duration exposures, emergency response activities, and workplaces that are kept below 80 degrees. Employers with fewer than 10 employees would not need a written program, but all other provisions would apply.”

During the roundtable, Lisa Long, Deputy Director of the Directorate of Standards and Guidance at OSHA, provided an overview of the proposed rule and answered questions about the Federal Register notice. William (“Bill”) Wahoff and Prianka Sharma then shared their initial thoughts and reactions from a small business perspective. Mr. Wahoff, a member of Steptoe & Johnson, PLLC, represented a coalition of businesses—including many small manufacturers—primarily engaged in indoor operations affected by the rule. Ms. Sharma, Vice President and Counsel for Regulatory Affairs for the American Road Transportation and Builders Association (ARTBA), represented members of the Construction Coalition for Safety, whose businesses work in various sectors of the construction industry, primarily outdoors.

Agenda and Presentations:

Small Business Labor Safety (OSHA/MSHA) Roundtable: September 20, 2024

• Presentation 1: Overview of OSHA’s Proposed Heat Injury and Illness Prevention Rule
  • Presented by: Lisa Long, Deputy Director, Directorate of Standards and Guidance, Occupational Safety and Health Administration (OSHA)
• Presentation 2: PowerPoint Overview of OSHA Proposed Heat Injury Standard, including a closer look at HIIP Standard
  • Presented by: William J. Wahoff, Member, Steptoe & Johnson, PLLC, Prianka P. Sharma, Vice President and Counsel for Regulatory Affairs, American Road Transportation and Builders Association
• Presentation 3: Highlighted Sections of the proposed OSHA Heat Training Requirements
  • Presented by: William J. Wahoff, Member, Steptoe & Johnson, PLLC

Additional Resources:

• A Basic Guide to Federal Rulemaking and Small Business
• OSHA’s Heat Injury and Illness Prevention Programs webpage
• OSHA’s Heat Injury and Illness Prevention SBREFA webpage, which includes the final Heat IIP SBREFA panel report, background materials, and a link to the proposed rule

The roundtable also featured an update on OSHA’s Proposed Emergency Response Rule, including comment presentations by:

• Bruce Lundegren, Assistant Chief Counsel, SBA Office of Advocacy
• Beeta Lashkari, OSHA Practice Group, Conn Maciel Carey LLP
• Ken LaSala, Director of Government Relations & Policy, International Association of Fire Chiefs

For more information on the proposed emergency response rule, please visit ABMA’s July 19 Recap: SBA’s Roundtable on OSHA’s Proposed Heat Injury and Emergency Response Rules.

Upcoming Events: The next Small Business Labor Safety (OSHA/MSHA) Roundtable is tentatively scheduled for Friday, November 15, 2024, from 10:00 a.m. to 12:00 noon (EST).

As always, ABMA extends its sincerest gratitude to the presenters and participants for their invaluable contributions. Your insights and engagement make events like these truly impactful. Special thanks to Bruce E. Lundegren, SBA Office of Advocacy Assistant Chief Counsel, for his continued engagement with ABMA and for lending LBM a voice in these important discussions. For more information, please reach out to info@abmalliance.org.

September 20, 2024

A Closer Look: OSHA’s Proposed Heat Rule and Its Impact on Employers

This week, ABMA Lobbyist Pat Rita provided a detailed analysis of OSHA’s proposed heat illness and injury prevention rule in the latest legislative update. The rule, currently in a 120-day public comment period ending December 30, affects any worker exposed to a heat index above 80 degrees. Key employer responsibilities include implementing heat injury prevention plans, monitoring temperatures, and offering additional protections when heat indices exceed 90 degrees. For the full breakdown, read Pat Rita’s latest update.

September 5, 2024

Join the SBA’s Roundtable on OSHA’s Proposed Heat Injury and Illness Prevention Rule

OSHA’s proposed Heat Injury and Illness Prevention rule was published in the Federal Register on Friday, August 30, 2024, with a 120-day public comment period ending on December 30, 2024. Bruce E. Lundegren, Assistant Chief Counsel at the U.S. Small Business Administration’s Office of Advocacy, will discuss the proposed rule at the next Small Business Labor Safety roundtable, scheduled for Friday, September 20, 2024, at 10:00 a.m. (EST). If you would like to attend, please email Bruce to be added to the list.

August 9, 2024

OSHA Proposed Heat Illness and Injury Prevention Rule

The Occupational Safety and Health Administration (OSHA) is proposing a new standard titled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” applicable to all sectors under OSHA’s jurisdiction. This initiative addresses a significant occupational hazard, particularly affecting workers in agriculture, construction, and other high-exposure industries, and would require employers to create a plan to evaluate and control heat hazards in their workplace. Here’s what you need to know about this proposal, its status, and the next steps.

Heat Illness Prevention in Outdoor and Indoor Work Settings (RIN # 1218-AD39)

Summary of the Proposed Rule

Heat is a major weather-related killer, leading to conditions like heat stroke and exacerbating health issues such as asthma, kidney failure, and heart disease. The risk is especially high for workers in agriculture and construction, but heat affects all workers exposed to it, including those in indoor environments without air conditioning. It is also notable that jobs with high heat exposure are often held by Black and Brown workers.

Between 1992 and 2017, heat stress killed 815 U.S. workers and seriously injured over 70,000 more. These numbers are likely underestimated due to underreporting and misclassification of heat-related injuries and illnesses. While several states and the U.S. military have issued heat protections, OSHA currently uses a general rule to protect workers. A specific standard would clarify the necessary measures for employers to protect workers from heat.

Background and Development

Public Citizen petitioned OSHA for a heat stress standard in 2011, and again in both 2018 and 2019. Some senators have also urged OSHA to create a rule. Recently, members of both the House and Senate, along with several state Attorneys General, have requested OSHA issue an emergency standard for heat stress.

OSHA has been actively discussing this issue with various stakeholders. They published an early notice in October 2021 to start discussions and held a public meeting in May 2022. OSHA also formed a workgroup to help create recommendations for the new standard, which were submitted in May 2023.

In August 2023, OSHA gathered input from small businesses and continued consultations through November 2023. They presented their proposed rule framework to a construction safety advisory committee in April 2024, which recommended moving forward with the rule. In May 2024, OSHA also held a session with tribal representatives for their input.

Next Steps

OSHA has announced that a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings has been issued. Once the rule is officially published in the Federal Register, the following steps will take place:

1. Public Comment Period: There will be a public comment period of 120 days where stakeholders, including businesses, workers, and the public, can provide feedback on the proposed rule. Comments must be submitted electronically at regulations.gov, identified by Docket No. OSHA–2021–0009.
2. Review and Revision: OSHA will review the comments and may revise the proposed rule based on the feedback received.
3. Final Rule Publication: After considering the comments and making necessary revisions, OSHA will publish the final rule.
4. Implementation: Once the final rule is published, employers will be required to comply with the new heat illness prevention standards.
5. Enforcement: OSHA will enforce the new standards, ensuring employers are protecting their workers from heat-related hazards.

ABMA is closely monitoring this proposed rule and will be prepared to submit comments as necessary once the rule is published. We will keep our members updated on any developments. Sign up for our weekly newsletter, the Advocate to stay informed. For a comprehensive overview of employer requirements, along with summaries and links to comments from the rulemaking process, download ABMA’s OSHA Heat Injury Fact Sheet. Additional information is also available on OSHA’s Heat Exposure Rule-making page.