Safeguarding Workers and Employers from OSHA Overreach and Skewed Priorities
The House Committee on Education and the Workforce's Subcommittee on Workforce Protections held a hearing on July 24th titled “Safeguarding Workers and Employers from OSHA Overreach and Skewed Priorities.” The discussion focused on the impact of OSHA's recent proposed rules including the pending rule on Heat Protections for various industries and small businesses, including agricultural and farmworker labor. Below you can read the highlights, comments, and testimonies submitted by witnesses from the hearing.
On July 2nd, the Occupational Safety and Health Administration (OSHA) announced a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, and we are still waiting for the NPRM to be published in the Federal Register with instructions on how and when to submit public comments. The goal of the proposed heat rule is to protect approximately 36 million workers from the significant health risks of extreme heat. If finalized, the rule would mandate employers to develop and implement a heat hazard prevention plan, including provisions for drinking water, rest breaks, and control of indoor heat, especially for new or returning workers unaccustomed to high heat.
Hearing Testimonies and Highlights
Chairman Kevin Kiley
Jordan Barab, Former Deputy Assistant Secretary of OSHA
Jordan Barab's testimony emphasized the necessity of increased funding for OSHA and a more streamlined regulatory process. He highlighted the growing risk of excessive heat due to climate change, pointing out record temperatures and a significant number of heat-related deaths, especially among construction and farmworkers. Barab criticized the slow progress on heat standards, attributing it to budget constraints and regulatory complexities. He stressed the urgent need for updated standards in areas such as infectious diseases, tree care, emergency response, and workplace violence.
In his in-person comments, Barab responded to Ranking Member Adams by stating that basic heat protections are straightforward: providing water, shade, and rest, applicable to all workers. He mentioned OSHA's onsite consultation program, which offers guidance to small employers burdened by increased protections without resulting in citations. When Representative Takano asked why the responsibility for heat protection falls on employers, Barab cited the Occupational Safety and Health Act, which mandates employers to provide a safe environment, including measures for heat stress monitoring. In response to Representative Scott's inquiry about why OSHA hasn't implemented heat standards similar to those in states like California and Washington, Barab explained that those states have more efficient and quicker standard-setting processes, while OSHA faces constraints due to underfunding and resource limitations. He also highlighted the impact of the proposed FY 2025 budget cuts to OSHA's enforcement budget, noting it would take 186 years to inspect every workplace at current funding levels.
Peter Gerstenberger, Senior Vice President, Tree Care Industry Association
Peter Gerstenberger expressed frustration over OSHA's delays in establishing a specific safety standard for the high-risk tree care industry. He criticized the reliance on outdated standards and emphasized the need for a dedicated tree care standard aligned with industry consensus standards like ANSI Z133. Gerstenberger highlighted the importance of clear safety guidelines to reduce injuries and address unique hazards in tree care work. In his in-person testimony, he noted that there have been 240 fatalities in the past four years in the tree care industry, underscoring the need for effective standards. He argued that producing a safety standard for high-fatality industries would align with OSHA's mission.
Felicia Watson, Senior Counsel, Littler Mendelson
Felicia Watson criticized OSHA's proposed heat exposure rule for its broad and rigid requirements. She argued that the rule's one-size-fits-all approach could burden employers, especially smaller ones, with excessive administrative and economic challenges. Watson pointed out that the rule does not account for regional differences, individual risk factors, and the need for flexibility. In her in-person testimony, she noted that the proposed standard is available on OSHA's website but has not been published in the Federal Register. Watson acknowledged OSHA's flexibility in determining the start date of the heat season as beneficial to employers but expressed concerns about the 'walkaround rule,' which allows third-party accompaniment during inspections and could create liabilities for employers. In response to Representative Miller's questions about the rule's impact on work production, Watson criticized the proposed requirement for 15-minute breaks every two hours during extreme weather, arguing that it could disrupt workflow and processes.
Update on Efforts to Move Federal Heat Protection Legislation
While we await release of the NPRM from OSHA, advocates continue to work on building support for federal legislation designed to protect workers and prevent heat illness The Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2023 ( H.R.4897/ S.2501) was introduced in the House of Representatives by Rep. Judy Chu (D-CA) and in the Senate by Sen. Sherrod Brown (D-OH). These identical bills wouldprotect workers from heat-related illnesses, injuries, and fatalities by mandating the Occupational Safety and Health Administration (OSHA) to establish an enforceable heat stress standard.
H.R.4897 was referred to the House Committee on Education and the Workforce on July 26, 2023 and S.2501 was referred to the Senate Committee on Health, Education, Labor, and Pensions on the same day. The House bill currently has 118 co-sponsors, three of whom are Republicans, Reps Lawler (R-NY), Molinaro (R-NY), and Fitzpatrick (R-PA). There are 25 co-sponsors on the Senate bill - all Democrats.
ACTION ITEM: See the list of Reps who have co-sponsored the House bill and the list of Senate co-sponsors. If your Senators and/or Reps are not currently listed as co-sponsors please consider asking them to support the bill.
For more information contact Hannah Perez.