The SBA Office of Advocacy Comments on OSHA’s Proposed Heat Injury and Illness Prevention Rule

The Small Business Administration (SBA) Office of Advocacy filed comments regarding OSHA’s proposed Heat Injury and Illness Prevention Rule. OSHA’s proposed rule would apply to all employers in general industry, construction, maritime, and agriculture where OSHA has jurisdiction and whose employees are exposed to heat hazards above OSHA’s proposed 80-degree (initial) and 90-degree (high heat) triggers. The rule would require covered employers to develop heat injury and illness prevention plans, conduct training, designate heat safety coordinators, seek non-managerial employee input and involvement, provide for periodic and episodic review and evaluation, and other requirements. The proposed rule also contains exceptions for certain low-risk activities and firefighters and emergency responders.

Per the SBA, “we have been actively monitoring and involved in this rulemaking process for several years, including discussing the issue at several of Advocacy’s regular small business regulatory roundtables and as a member of the 2023 OSHA Small Business Advocacy Review (SBAR) panel (also known as an SBREFA panel) that reviewed the rulemaking materials and provided its advice and recommendations to OSHA. Small businesses and their representatives have repeatedly stated that while the safety and health of their employees is their paramount concern, we do not want OSHA to adopt a ‘one-size-fits-all’ regulatory approach. Rather, we believe OSHA should provide maximum flexibility based on the broad diversity of industry sectors, workplaces, employee risk, and regional differences.”  Additionally, the SBA Advocacy Office recommended that OSHA reassess the proposed rule to address small business concerns and tailor any final rule to high-risk sectors or employees that would benefit most from regulation or consider other less costly alternatives such as a training-only rule.