A small business report on OSHA’s potential Heat Injury and Illness Prevention in Outdoor and Indoor Settings standard includes AGC member input on impacts to construction contractors.

On November 3, the Small Business Regulatory Enforcement and Fairness Act (SBREFA) panel delivered their final report on the Occupational Safety and Health Administration’s (OSHA’s) potential Heat Injury and Illness Prevention in Outdoor and Indoor Settings standard to OSHA. The agency has posted the report to the assigned regulatory docket and posted it on its Heat Injury and Illness SBREFA webpage. 

The report is a result of a series of six video conferences held between September 7 – 18 with OSHA, the Small Business Administration (SBA), the Office of information and Regulatory Affairs (OIRA), and nearly 100 small entity representatives (SERs), including AGC members. During the calls, the SERs provided their candid feedback on the proposed regulatory framework, and how it will impact their daily operations.

AGC put forward three members who participated in the process. Each member described in detail, and provided examples of, how their respective programs have prevented the occurrence of any serious heat-related illnesses, while also expressing concerns about some provisions that were unnecessary or presented compliance challenges. Their concerns focused on the proposed documentation requirements, acclimatization process, and trigger temperatures, among others.

OSHA’s Heat Injury and Illness Prevention rulemaking docket, including the final SBREFA panel report, is open for comment from the broader regulated community until December 23, 2023. AGC is in the process of reviewing the final report and plans to submit comments.

For more information, please contact Kevin Cannon at [email protected] or Nazia Shah at [email protected].