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Safety

OSHA Extends Comment Period on Heat Rule, and Schedules Public Hearing on the Rule

Virtual public hearing on the proposed rule set for June 16, 2025

By J.J. Smith
OSHA

OSHA's proposed heat injury rule is opening for public comments and hearings.

Courtesy of the U.S. Department of Labor

January 13, 2025

The federal agency tasked with ensuring safe and healthy conditions for workers has responded to stakeholder requests to extend the public-comment period on its proposed rule to prevent heat-related illnesses in the workplace, and the agency has also scheduled a virtual public hearing on the proposed rule.

The Occupational Safety and Health Administration (OSHA) set Jan. 14, 2025 as the new deadline to submit comments on the proposed rule, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings (the previous deadline was Dec. 30, 2024).

OSHA also set June 16, 2025 as the date for the public hearing on the proposed rule, and opened to receiving testimony from witnesses “about any topics, issues, or concerns they have with the proposed rule,” the agency says. Furthermore, OSHA says it will add more public-hearing dates if necessary.

On Aug. 30, 2024, OSHA issued the proposed heat-injury rule that would apply to all employers conducting outdoor and indoor work in all general industries where OSHA has jurisdiction, including in the construction, maritime, and agriculture sectors, according to the agency.

The regulation would clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat, including requiring employers to create a plan to evaluate and control heat hazards in their workplaces, OSHA says.

The public comment period for the proposed rule was to close on Dec. 30, 2024, 120 days after publication of the proposed regulation, but OSHA says it received requests from stakeholders to extend the public comment period because they needed more time to review the questions in the proposed rule, gather data, and prepare their submissions, prompting the agency to extend the public comment period by 15-days.

In addition, stakeholders requested OSHA hold a public hearing on the proposed rule, which prompted the agency to schedule the virtual public hearing.

The only way to submit comments and attachments on the proposed heat-injury rule, is through the Federal e-Rulemaking Portal at regulations.gov. To submit comments on this proposed rule, commenters need to use the “Docket No.” for this rulemaking, which is OSHA–2021–0009, and then follow the online instructions for making electronic submissions.

Furthermore, those who want to testify at the public hearing must electronically submit a “notice of intention to appear” at osha.gov/heatexposure/rulemaking. In addition, they must submit electronic copies of all documents that they intend to use or reference during their testimony. Information about how and when to submit those materials will be provided at the time of registration, EPA says.

In addition to the docket number, all submissions must include the agency’s name. Commenters are advised that all comments, including any personal information provided, are placed in the public docket without change and could be made available online at www.regulations.gov. Therefore, OSHA cautions commenters about submitting information they do not want made available to the public or submitting materials that contain personal information (either about themselves or others), such as Social Security numbers and birthdates.

To read, or download comments or other materials from the docket, go to regulations.gov and utilize the “index” function to input the docket number OSHA–2021–0009 to access that information.

Click here to read the Federal Register notice announcing the new deadline to submit comments on the proposed heat-injury rule.

KEYWORDS: heat safety OSHA regulatory compliance workforce

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Author jj smith

JJ Smith is The Driller's Washington, D.C., correspondent, reporting on federal policy, legislation, and regulatory developments impacting the drilling, groundwater, and environmental remediation industries. With more than 30 years of journalism experience and extensive coverage of Congress and federal agencies, he delivers timely insight on the issues shaping the industry.

email: josephjsmith749@gmail.com

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