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Manufacturing, OSHA Issues, Safety Issues (non-airworthiness)

OSHA Working on Workplace Heat Standards

OSHA is in the process of developing a potential standard that would apply to businesses in which heat injury is a possibility. Manufacturing is specifically targeted in the list of target industries.

On October 27, 2021, OSHA published an Advance Notice of Proposed Rulemaking (ANPRM) to gather information about the potential for regulating heat in the workplace. Subsequently, OSHA convened a Small Business Advocacy Review (SBAR) Panel in August 2023 and heard feedback from small businesses, small local government entities, and non-profit entities. Based on what OSHA learned, OSHA now plans to regulate workplace exposure to hazardous heat.

The SBAR Panel has recommended that OSHA establish a standard based around performance-based
provisions. For example, a perfomance-based provision could set a maximum heat amount and then allow the business to choose how it meets the requirement. This is expected to permit employers to tailor their heat injury and illness prevention program to their setting and situations, including the local climate and the type of work being performed. They believe that this will also take into consideration the size and complexity of the employer’s operations.

The Panel recommended that OSHA rely on data to set any heat triggers, and that OSHA share the methodology used to select the heat triggers, including any scientific evidence or other supporting data. This will allow initial comments on the proposed rule and it will also support future changes as the science and technology change.

The Panel also recommended that OSHA allow flexibility in how a business monitors heat. The panel suggested that OSHA should not mandate a single method that employers must use to measure heat in their workplace. The Panel also suggested that OSHA clarify how often temperature monitoring must occur.

MARPA members who are interested in this effort should contact the Association.

About Jason Dickstein

Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. Since 1992, he has represented aviation trade associations and businesses that include aircraft and aircraft parts manufacturers, distributors, and repair stations, as well as both commercial and private operators. Blog content published by Mr. Dickstein is not legal advice; and may not reflect all possible fact patterns. Readers should exercise care when applying information from blog articles to their own fact patterns.

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