Trump Administration Likely to Roll Back OSHA Heat Safety Rule

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Donald Trump’s second presidency will likely mean death Newly Published OSHA Fire Safety Rulesbut that wouldn’t necessarily mean the standard wouldn’t be adopted, experts told Construction Dive.

The agency published the proposed rule and began accept public comments this summer. This time period will end on December 30th. It will then take OSHA several months to review all the original data, finalize the rule, and put it into effect, Phillip Russell, OSHA and labor lawyer, litigator and counsel in Washington, D.C. Based at Ogletree Deakins, Construction Dive reported.

“Obviously Jan. 20 is coming, and I don’t think it’s going to happen,” Russell said.

Ashley Brightwell, a partner at Atlanta-based labor and employment group Alston & Bird, called final approval of the rule “highly unlikely” before Biden leaves office. The standard will also face congressional and legal challenges, and the Trump administration could abandon the rulemaking process altogether, she said.

The 1,000-page rule requires a Heat Injury and Illness Prevention Plan that employers would be required to put in place as a heat trigger—when temperatures reach 80 degrees Fahrenheit or a wet-bulb temperature equal to NIOSH’s recommended alert limit. Employers will have greater requirements to protect workers in the event of a high-heat event—when temperatures reach 90 degrees or higher.

HIIPP mandates will include worker training, access to water and shade, a designated thermal safety coordinator, and clear communication of the plan in all languages spoken at work.

Critics say the specifics of the standard will make it too burdensome and difficult to implement.

“I think this document was too detailed, too problematic for compliance, I think it set employers up for failure,” Russell said.

However, the absence of a new rule does not mean the absence of thermal safety requirements. OSHA’s National Emphasis Program, which reinforces the water, rest and shade credentials and enhances heat inspections, remains in effect through April, Brightwell said. Additionally, the general duty clause obliges employers to mitigate and respond to risks, so generally speaking, contractors will need to ensure workers are protected in extreme conditions such as extreme heat.

Brightwell predicted there would be fewer rulemakings in Trump’s second term. But Russell said the president has more populist support than in his first term, so companies shouldn’t expect a lack of regulations.

“I tell clients that they don’t expect there to be no standard, but I think it’s reasonable to assume that the standard is DOA,” he said.