URGENT ACTION NEEDED: Protect Construction from OSHA’s One-Size-Fits-All Heat Rule 

THE LATEST: The Occupational Safety and Health Administration (OSHA) is trying to arbitrarily adopt a one-size-fits-all national heat standard that’s triggered when the heat index exceeds 80°F as part of its new Heat Safety Rule.

Using a one-size-fits-all heat standard creates impractical requirements and leaves employers vulnerable to citations and penalties. 

AGC has been advocating on this issue for years and was successful in keeping out of the proposed rule a rigid acclimatization scheduling requirement for new and returning workers after being away from the job for a period of time, to get acclimated to the work environment. However, there is more work to be done, and we need your help. Tell OSHA its final rule must recognize regional differences in climate and account for workers’ behavior and individual health conditions that could put construction employers at increased risk. 

WHAT TO DO: It takes less than 45 seconds to send our prewritten message telling the White House, OSHA, and Congress to ensure flexibility with the final rule! You can also add your own personal comments about what your company is already doing to ensure the safety of your workers in warm temperatures. 

WHY IT MATTERS: In August, OSHA released a proposed rule that would require employers to evaluate their workplaces and implement new controls to mitigate exposure to heat through engineering and administrative controls, training, effective communication, and other measures. The proposed rule includes an initial heat trigger of 80°F and then a high heat trigger of 90°F. 

This OSHA one-size-fits-all national heat standard: 

• Ignores critical regional climate differences and individual factors like medical conditions, medications, and lifestyle behaviors; 

• Fails to outline clear enforcement guidelines which heightens the risk of inconsistent application and increased liability for employers; and 

• Does not account for certain types of construction or for certain situations – like concrete pours or critical lifts with cranes or emergency road repairs after a hurricane. 

The bottom line is that the construction industry already employs proven heat safety practices like water, rest, shade, and training, which this rule threatens to overcomplicate. 

THE DETAILS: Provisions included in the proposed rule simply codify heat safety practices the construction industry already uses – water, rest, shade, and training. But it goes much further: The proposed rule includes an initial heat trigger of 80°F and then a high heat trigger of 90°F. Each threshold imposes additional requirements. 

The current proposal is a nationwide standard, and OSHA has not addressed the disparate impacts of heat in various parts of the country. A 90°F day in Mississippi affects worker safety differently than in Alaska. 

The rule also overlooks individual factors like medical conditions, medications, and lifestyle behaviors that can make some workers more vulnerable to heat illness—risks employers may be unaware of but could still be held liable for under this rule.