ASA’s Comments to OSHA’s Heat Injury and Illness Prevention Rule

ASA, along with the Construction Industry Safety Coalition (CISC), 30 trade associations representing virtually every aspect of the construction industry, submitted comments in response to the Occupational Safety and Health Administration (OSHA)’s Notice of Proposed Rulemaking (NPRM) concerning the Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. In addition to the announced informal public hearing on June 16, 2025, CISC requested that the Agency schedule a series of in-person hearings on the proposed rule during the comment period and before OSHA issues any final rule.  The CISC believes that in-person hearings would afford the Agency and interested stakeholders a more robust opportunity to have interactive engagement during the hearing process since participants in virtual meetings may experience technology issues such as poor connections and virtual meetings do not lend themselves to easy interactive questions and testimony.

Per their comments, “CISC members and their employees are directly impacted by this NPRM as they are engaged in all facets of construction occurring in outdoor, indoor, and combined workplaces, and thus CISC members are keenly interested in this NPRM. The CISC appreciates OSHA’s consideration of the information presented in these comments. As addressed in prior CISC comments regarding the Agency’s engagement on this topic, CISC remains concerned with OSHA’s decision not to exclude the construction industry from such a broadly sweeping proposed standard. The construction industry faces unique challenges that differ from those experienced by general industry, as well as maritime and agricultural industries, when combating the impact of hazardous heat.  The CISC shares OSHA’s goal of protecting employees from exposure to excess heat and to prevent heat illness from occurring in construction employees. However, the CISC has significant concerns with several components OSHA included in the proposed rule to accomplish its goals. CISC is concerned that OSHA is not affording smaller employers with the flexibility CISC members requested during the Advanced Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings3 as well as during testimony from stakeholders during the SBREFA panels. For the reasons set forth more fully below, the CISC requests the Agency to thoroughly review all comments it receives from affected stakeholders and, at a minimum, carve out a separate standard for the construction industry.”  Our comments can be found here.