ASA Raises Concerns Regarding H.R. 2193, the Asuncion Valdivia Heat Illness and Fatality Prevention Act

This week, the House debated H.R. 2193, the Asuncion Valdivia Heat Illness and Fatality Prevention Act, which would require OSHA to promulgate a heat exposure standard.  H.R. 2193 is identical to the 2019 legislation, which ASA, along with the Construction Industry Safety Coalition (CISC), raised concerns about and will continue to raise similar concerns regarding this legislation.   To that end, OSHA has already taken a number of steps to address work-related heat exposures, including formal rulemaking and increased heat illness enforcement.  H.R. 2193 does not account for the complexity of issues associated with heat exposure.  Determining what constitutes “Excessive Heat” depends upon individual risk factors. Requiring OSHA to establish a standard that is no less protective than the most protective state standard is virtually impossible to implement.  The time prescribed for OSHA to issue a final standard is insufficient to ascertain meaningful input in this complex area.  We will continue to update you as this legislation matriculates through the House.