Trump Administration Expected to Eliminate OSHA Heat Safety Rule

On July 2, 2024, the Occupational Health and Safety Administration (OSHA) published a proposed heat safety rule to protect all industry workers from extreme heat. The public has until December 30, 2024, to submit comments on the rule.

However, most believe the incoming Trump administration is unlikely to finalize the rule. Federal agencies typically take several months to review comments, potentially revise the rule, and publish a final rule. As a result, the current administration will not have sufficient time to finalize the rule before Trump’s inauguration. Others have noted that congressional and legal challenges would likely follow even if the Biden administration finalized the rule.

The heat safety rule requires employers to develop a Heat Injury and Illness Prevention Plan (HIIPP) that would go into effect when temperatures reach 80 degrees or a wet bulb globe temperature equal to the NIOSH Recommended Alert Limit. Temperatures reaching 90 degrees or more would trigger employers to take additional requirements to protect workers. Mandates under HIIPP include worker training on the plan, access to shade and water, the appointment of a heat safety coordinator, and communication about the plan in every language spoken in the workplace. Critics of the 1,000-page proposed rule say that it would be overly burdensome to implement, making compliance extremely challenging.

Despite the expected demise of the proposed heat safety rule, OSHA’s National Emphasis Program remains in effect until April 2025. This program focuses on water, shade, and rest for workers during times of high heat, as well as additional inspections. Since the general duties provision of the program requires employers to abate and respond to hazards, employers must ensure the protection of workers in high heat work places.

HBL has experience in all areas of benefits and employment law, offering a comprehensive solution to all your business benefits and H.R./employment needs. We help ensure you are in compliance with the complex requirements of ERISA and the IRS code, as well as those laws that impact you and your employees. Together, we reduce your exposure to potential legal or financial penalties. Learn more by calling 470-571-1007.

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Hall Benefits Law, LLC

HBL offers employers comprehensive legal guidance on benefits in mergers and acquisitions, Employee Stock Ownership Plans (ESOPs), executive compensation, health and welfare benefits, healthcare reform, and retirement plans. We counsel a wide spectrum of clients including small, mid-sized, and large companies, 401(k) investment advisors, health insurance brokers, accountants, attorneys, and HR consultants, just to name a few. HBL is passionate about advising clients, and we are dedicated to our mission: to provide comprehensive, personalized, and practical ERISA and benefits legal solutions that exceed client expectations.

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