Trump White House Likely to Abandon OSHA Heat Safety Rule

A second Donald Trump presidency will likely spell the death of OSHA’s recently published heat safety rule, but it won’t necessarily mean no standard will come to pass, experts told Construction Dive.

The agency published the proposed rule and began accepting public comments this summer. That time period will close on Dec. 30. Then it would take several months for OSHA to review all of the input, finalize the rule and put it into effect, Phillip Russell, OSHA and employment lawyer, litigator and advisor for Washington, D.C.-based firm Ogletree Deakins, told Construction Dive.

“But obviously January 20th will come, and I don’t think that happens,” Russell said.

Ashley Brightwell, partner in Atlanta-based Alston & Bird’s labor and employment group, called the finalization of the rule “highly unlikely” before Biden leaves office. The standard would also face congressional and legal challenges, and the Trump administration could abandon the rulemaking process altogether, she said.

The 1,000-page rule requires a Heat Injury and Illness Prevention Plan that employers would need to put into effect for a heat trigger — when temperatures reach 80 degrees F or a wet bulb globe temperature equal to the NIOSH Recommended Alert Limit. Employers would have more requirements to protect workers for a high-heat trigger — when temperatures reach 90 degrees or hotter.

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