OSHA’s Proposed Heat Rule Already Helpful Tool for Construction Industry

Regardless of whether the standard is adopted, it provides insight into the agency’s view of heat safety, legal experts say.

Construction Dive

July 26, 2024

1 Min Read
Construction worker on sunny jobsite in Brooklyn, New York.
Spencer Platt/Getty Images via Getty Images

It’s been a hot summer.

The U.S. has faced multiple heat waves. Monday was the hottest-ever recorded day on the planet, beating the record set just the day before, AP News reported. For many workers, that’s meant laboring in intense climates. 

It’s also been a summer full of new developments in politics and regulations.

On July 2, OSHA published a proposed rule, a quickly formed standard — compared to previous rules — in response to rising temperatures. It aims to better protect indoor and outdoor workers in all industries from extreme heat.

But just a few days prior, the Supreme Court overturned the Chevron doctrine, which required federal courts to give deference to federal agencies’ reasonable interpretation of ambiguous statutes. This development led many to wonder whether OSHA could even enforce a heat rule, should it be challenged. Nonetheless, SCOTUS declined to hear a challenge to OSHA’s authority on July 2, USA Today reported.

Meanwhile, this fall’s presidential election could call into question the proposed heat rule’s adoption as well. Should former President Donald Trump win, he could potentially stop the standard when his own Cabinet takes over, multiple sources told Construction Dive.

Although these developments seem like they could be a deterrent to the new standard going into effect, legal experts say it still matters, regardless of whether it gets finalized.

Related:7 Safety Tips to Protect Workers in Dangerous Heat

To read the rest of this story from our sister publication, Construction Dive, click here.

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