OSHA convenes small business panel on Heat Injury and Illness Rule

OSHA is in the process of developing a potential standard, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. 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 is seeking participation from a wide range of sectors and welcomes small entity representatives (SERs) from any industry that might be affected. The Agency is particularly interested in feedback from industries that it expects to be most affected by such a standard, including manufacturing.

In accordance with the requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA), OSHA plans to convene a Small Business Advocacy Review (SBAR) Panel in 2023 and is looking for representatives from small businesses, small local government entities, and non-profit entities to serve as SERs.

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), will listen to SERs who would potentially be affected by the standard and issue a report following the Panel. Each small entity selected to serve as an SER will be sent information to review on potential options that OSHA has identified, and then be 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.

OSHA will host several SBAR Panel videoconferences; these videoconferences will be open for the public to listen to but not participate in. Each SER will be asked to participate in one of the videoconferences.

NFFS has contacted the Office of Advocacy at the Small Business Administration (SBA) and has indicated that it would like to be included in the SBREFA panel as an SER. NFFS has not received a date for the anticipated videoconference as part of the panel as of today’s date.

NFFS encourages any member interested in serving as an SER and advising of the potential impact of a Heat Injury and Illness Rule on their foundry is encouraged to contact NFFS Executive Director Jerrod Weaver for additional information at jerrod@nffs.org.