In a significant move toward improving worker safety, the Occupational Safety and Health Administration (OSHA) has begun public hearings aimed at establishing a first-ever national standard regarding heat exposure in the workplace.
These hearings, which are set to run through early July, come at a critical time as extreme heat conditions have settled over much of the United States, putting an estimated 69 million workers at risk.
One poignant testimony came from Jazmin Moreno-Dominguez, who traveled to Washington to advocate for her father’s safety. Having suffered a heat-induced stroke a decade ago, her father, a 65-year-old construction worker in Phoenix, Arizona, continues to face life-threatening conditions without mandatory protections in place.
Moreno-Dominguez expressed the anxiety that fills her family each day as her father leaves for work. “Every day he leaves for work is a day we wait in hopes we don’t hear the same phone call – despair, anxiety, worried that he won’t pass out on the job again,” she said.
Her father has worked in construction for thirty years, often in extremely high temperatures, without required breaks for water or shade.
OSHA currently demands that employers provide a safe working environment but lacks specific regulations tailored to high heat conditions. This gap in federal legislation has prompted advocacy from various groups, especially as summer temperatures continue to rise.
Brittney Jenkins, a coordinator with the National Council for Occupational Safety and Health (COSH), highlighted the broad impact of extreme heat on laborers in different fields including agriculture, hospitality, and warehousing. “You don’t need a fancy title to say what it’s like to work in a workplace in 103 degrees,” Jenkins emphasized.
The urgency of this issue is underscored by alarming statistics, which show that heat-related medical emergencies have surged, with nearly 120,000 emergency room visits related to heat in the U.S. in 2023 alone. Recent data revealed that heat-related deaths have risen 119% since 1999, prompting calls for more definitive action.
The proposed heat standard aims to bolster protections for workers who are especially vulnerable to the impacts of heat, including increased risks of cardiovascular disease, kidney issues, and workplace injuries. The introduction of a specific national standard could prevent heat-related illnesses, which currently cost approximately $1 billion per year in hospitalizations.
The proposed regulations include requirements for employers to develop heat illness prevention plans, recognize potential heat risks, ensure emergency response preparedness, and facilitate employee acclimatization to high temperatures.
However, these proposals have met fierce resistance from industry groups. The National Association of Home Builders has criticized the proposed guidelines as “overly prescriptive,” warning that they could negatively affect housing affordability. Compounding this, the U.S. Chamber of Commerce has urged OSHA to reconsider the regulations in favor of more flexible provisions that allow employers to customize their approaches based on individual circumstances.
As the federal government deliberates, several states and cities have proactively implemented their own heat safety measures in the absence of national standards. In the past three years, at least seven states have enacted protective laws concerning heat exposure.
Nevertheless, some states, including Texas and Florida, have taken steps to block local governments from enacting their regulations, rendering workers vulnerable to extreme heat risks. Recently in Texas, a 2010 initiative adopted by several cities to address heat protections was repealed, illustrating a growing trend of state-level obstruction to worker safety initiatives.
David Chincanchan, policy director with the Workers Defense Action Fund, articulated his concerns about the lack of protective measures: “The state government went from not taking action to outright obstructing heat safety protections.”
This issue hits particularly hard for immigrant workers, who often work in the most vulnerable conditions yet fear retaliation if they speak out about unsafe practices. Veronica Carrasco, a mother of three and construction worker in Dallas, recounted her experiences in extreme heat conditions. “I’ve never had a positive answer from bosses when I’ve asked for something to be able to work in the heat. They don’t have a reason to provide any of these things because it’s not mandated by law,” she stated.
Carrasco further noted, “They can get away with it because this is a very vulnerable community. People in construction need the work and don’t have a lot of options.”
As OSHA continues its hearings, the hope is that substantive changes will come to protect the health and safety of millions of workers across the United States amidst rising global temperatures.
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