OSHA is in the process of developing a potential standard, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. OSHA convened a Small Business Advocacy Review (SBAR) Panel in August 2023 and heard feedback from small businesses, small local government entities, and non-profit entities who served as small entity representatives (SERs). OSHA plans to regulate workplace exposure to hazardous heat, and the standard could cover outdoor and indoor work in any/all General Industry, Construction, Maritime, and Agriculture sectors where OSHA has jurisdiction. Therefore, OSHA sought participation from a wide range of sectors and welcomed SERs from any industry that might be affected. OSHA received input from SERs from the following industries:

• Agriculture and Forestry
• Building Material Suppliers
• Commercial Kitchens
• Construction and Utilities
• Fire Protection
• Landscaping, Facilities Support, Maintenance, and Repair
• Manufacturing
• Material Handling, Transportation, and Warehousing
• Oil and Gas
• Recreation and Amusement
• Wholesale and Retail Trade

SBAR/SBREFA

In accordance with the requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA), OSHA convened an SBAR Panel on August 25, 2023. The Panel, comprised of members from the Office of Advocacy at the Small Business Administration (SBA), OSHA, and the Office of Management and Budget's Office of Information and Regulatory Affairs (OIRA), listened to SERs who would potentially be affected by the standard and issued a report following the Panel. Each small entity selected to serve as a SER was sent information to review on potential options that OSHA has identified, and then asked to participate in a small-group videoconference to discuss any concerns or other input related to the information provided—specifically relating to how a regulation might potentially affect the operations of their workplace.

The Panel hosted six videoconferences on September 7, 12, 13, 14, 18, and 19, 2023. These videoconferences were open for the public to listen to but not participate in. Each SER was asked to participate in one of the videoconferences.

About a Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Standard

Heat is the leading cause of death among all weather-related phenomena in the United States. Excessive heat exacerbates existing health conditions like asthma, kidney failure, and heart disease, and can cause heat stroke and even death if not treated properly and promptly. Workers in both outdoor and indoor work settings without adequate climate controls are at risk of hazardous heat exposure. Certain heat-generating processes, machinery, and equipment (e.g., hot tar ovens, furnaces, etc.) can also cause hazardous heat when cooling measures are not in place. Some groups may be more likely to experience adverse health effects from heat, such as pregnant workers, while others are disproportionately exposed to hazardous levels of heat, such as workers of color in essential jobs who are more often employed in work settings with high risk of hazardous heat exposure.

Heat-related illness means adverse clinical health outcomes that occur due to exposure to hazardous heat. Heat-related injury means an injury linked to heat exposure that is not considered one of the typical symptoms of heat-related illness, such as a fall or cut. The Bureau of Labor Statistics (BLS) Annual Survey of Occupational Injuries estimates there have been 33,890 work-related heat injuries and illnesses involving days away from work from 2011–2020, with an average of 3,389 injuries and illnesses of this severity occurring per year during this period. Additionally, according to the BLS Census of Fatal Occupational Injuries, exposure to environmental heat has killed 999 U.S. workers from 1992–2021, with an average of 33 fatalities per year during that time period. However, statistics for occupational heat-related illnesses, injuries, and fatalities are likely vast underestimates for several reasons, such as the varying nature of heat-related symptoms, including their impact on decision-making abilities, and the latent health issues from heat exposure that are not initially recorded. Also, the definition of heat-related illnesses often varies by jurisdiction, leading to inconsistent reporting by medical professionals. In addition, these datasets heavily rely on self-reported outcomes from employers and employees, which may contribute to the underreporting.

On October 27, 2021, OSHA published an Advance Notice of Proposed Rulemaking (ANPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register. With this publication, OSHA initiated the rulemaking process to consider a heat-specific workplace standard. A standard specific to heat-related injury and illness prevention would more clearly set forth employer obligations and the measures necessary to more effectively protect employees from hazardous heat. The ultimate goal is to prevent or reduce the number of occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat.

OSHA received 965 unique comments from stakeholders addressing various questions asked in the ANPRM. Using these comments, academic literature, best practices from state heat-specific standards, and other input from experts, stakeholders, and the public, OSHA developed potential options for various elements of a heat-specific standard.

Through the SBREFA process, OSHA presented to SERs the potential options the Agency identified for various elements of a heat-specific standard to prevent or reduce heat injury and illness in outdoor and indoor work settings. OSHA sought input from SERs on how these measures might affect the operations of their workplace.

Topics considered by the SBAR Panel included potential options for:

• A programmatic approach to heat injury and illness prevention;
• The scope of a potential standard;
• Heat hazard identification and assessment;
• Heat hazard prevention and control measures;
• Medical treatment and heat-related emergency response procedures;
• Worker training; and
• Recordkeeping.

Who Qualifies as a "Small Entity"?

The definition of a "small entity" varies widely across the broad range of industry sectors potentially covered by the standard. The size standards vary by industry sector but are usually based on either number of employees or revenue (expressed in millions of dollars). A size standard is the largest size that an entity can be and still qualify as a small business for Federal Government programs. Generally, size standards are the average annual receipts or the average employment of a firm.

OSHA welcomed SERs from any industry that might be affected by the proposed standard, including those within the sectors below. Please see the SBA Table of Size Standards for the exact definition of a small entity for an industry sector.

Public entities must be in OSHA state plan states and serve populations of fewer than 50,000 to participate. Private entities must meet the SBA definition of a small entity.

Additionally, OSHA considers all non-profit entities to be small entities regardless of number of employees or revenue, and welcomed participation from entities that operate in a non-profit status, regardless of size.

For more information, contact Bruce Lundegren from the Office of Advocacy at the Small Business Administration, Bruce.Lundegren@sba.gov, (202) 205-6144 or OSHA at OSHAEvents_DSG@dol.gov.