The National Grain and Feed Association (NGFA) submitted comments to the Occupational Safety and Health Administration (OSHA) opposing any broad federal regulation on heat. OSHA is in the process of finalizing a proposed rule on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.
In May 2023, the National Advisory Committee on Occupational Safety and Health unanimously voted to accept a set of working group recommendations (considerations, best practices, and additional resources) on potential elements of a heat injury and illness prevention standard. The committee also approved an amendment to include a model or sample Heat Injury and Illness Prevention Plan in the proposed standard.
Importantly, to the extent that this plan is incorporated into the standard, or becomes a mandatory appendix, it could mean a very prescriptive standard, one that would significantly restrict the flexibility employers need for purposes of addressing heat issues in their workplaces. Indeed, compliance could prove very difficult under such a command-and-control approach.
Regulatory Burden
In the comments submitted to OSHA, NGFA opposed the creation of one-size-fits-all federal regulation. The association’s primary concern with the proposed rulemaking on heat injury and illness prevention is that it will place an undue regulatory burden on grain handling facilities in both indirect (employee time) and direct costs (equipment) and additional paperwork requirements. Some examples include:
• Additional paperwork burdens related to monitoring and recording the proposed initial heat (80 degrees F) or high-heat index (87 degrees F) in numerous locations throughout a facility, both indoor and outdoor.
• Retrofitting facilities and purchasing new equipment related to ventilation and thermometer measurement (wet bulb) in outdoor environments.
• Acclimation and employee training, as well as preparedness and equipment, to name a few.
In addition, OSHA does not specifically identify what is defined as “indoor” and/or “outdoor;” therefore, it is very difficult to determine what should be done in each circumstance to address the issue.
As a result, NGFA firmly believes that employers should be responsible for or address heat hazards at individual facilities as climate varies from region to region, and the health and underlying factors that contribute to heat stress vary among employees.
The NGFA encouraged OSHA to consider the recommendations of small business review panels and not burden facilities with a one-size-fits-all standard that is overly complicated and lacks the necessary flexibility for employers to determine and implement appropriate controls to protect their employees.