The Occupational Safety and Health Act contains a “general duty clause” that requires employers to provide a safe workplace, but lacks specific provisions on what to do during extreme heat. Occupational safety and health administration may problem a proposed rule for workplace temperatures relatively early that might happen request, among other things, rest periods, drinking water and cooling measures, as well as medical treatment and emergency response procedures. But once promulgated, there will be a period of consultation and review, followed by inevitable challenges from business groups who believe that this regulation is too burdensome.
The tendency of the Supreme Court majority to rule against Workers and overturning the workplace rule is likely to encourage these groups to appeal any decision that is not in their favor, causing more delays and possibly hindering the rule altogether. Therefore, it is unlikely that any federal heat standards will be in effect for the next several summers, and perhaps even longer.
There are still ways to protect workers from the heat. States can pass and enforce laws requiring employers to take simple measures to keep workers safe during deadly heat waves. Five states — Washington, Minnesota, California, Oregon and Colorado — have passed such measures, establishing important legal and ethical standards for employers. Additional states – New York, New Jersey and Massachusetts – are considering heat protection legislation. More states should follow suit; If Minnesota thinks it’s necessary to protect its workers from the heat, then states with hotter climates like Georgia and Arizona should do the same.
Most state legislative sessions have ended, limiting the possibility of them happening this summer, but lawmakers can prepare now and tackle this issue as a first order of business next year. next year. A faster option is to pass temporary emergency regulations through state agencies such as health and safety departments. Some state and local laws may become obsolete when and if OSHA’s temperature regulations finally take effect, but in the meantime, they will save lives.
Municipalities and other local governments can also take action by adopting heat protection measures in their own workplaces. Phoenix recently issued a local temperature ordinance for outdoor employees of city contractors. Unfortunately, this option is not available in some states, especially Texas and Florida. Afterward Austin, Dallas And San Antonio passed modest heat ordinances in 2023 requiring employers to give outdoor construction workers regular breaks, Gov. Greg Abbott backed and signed a barbaric law banning the practice local action on many issues, including workplace temperatures. Gov. Ron DeSantis followed suit this year in Florida. (State Court rule Texas’ preemption law was found unconstitutional last year, but it remains in effect while an appeal is pending.)
