The Occupational Safety and Health Administration (OSHA) recently held informal public hearings on a proposed heat rule, sparking discussions about the future of worker safety in the construction industry. While there was initial speculation that the proposed regulation might be dropped, recent comments suggest a different path: a revised, more performance-based standard could be on its way.
Experts, including Jason Mills and Alana Genderson from Sidley Austin, highlight the ongoing pressure from both labor organizations and businesses to implement some form of heat standard. Phillip Russell, an OSHA and employment lawyer, also believes that a heat standard is likely to be adopted, though perhaps not in the highly prescriptive form initially proposed during the Biden administration.
The original proposal faced criticism for its detailed and rigid guidelines, including specific acclimatization practices, mandated rest breaks, and temperature triggers. Critics argued that such specific requirements might not be practical across the diverse climatic conditions of the United States.
The likely outcome, according to industry insiders, is a more flexible, performance-based regulation. This type of standard would require contractors to demonstrate their commitment to protecting workers from heat, rather than adhering to a rigid set of predefined rules. This approach could allow for more adaptability while still ensuring worker safety.
Currently, seven states already have their own heat rules in place, and another 16 states have proposed similar regulations. This patchwork of state-level rules underscores the growing need for a consistent nationwide standard that can address regional variations in temperature and working conditions. Until a new federal standard is finalized, OSHA continues to enforce worker protection under its general duty clause, recommending essential practices like providing shade, water, and rest to mitigate heat-related risks.
Source:
Construction Dive. (2025, June 26). OSHA hearings signal revised heat rule likely for construction. https://www.constructiondive.com/news/osha-hearings-revised-heat-rule-construction/751749/
John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: John@LIConstructionLaw.com or (516) 462-7051.
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