In a word, limbo.

Joe Paduda

The Biden administration allowed the rule development process to drag on through seemingly endless comment periods, rewrites and updates. Sure, there are “requirements” for rules, but the rulemaking process can usually be streamlined when circumstances create emergencies. 

Argh.

The Trump administration has parked the regs and will not move forward. But OSHA can, technically, still oversee potential heat issues.

From the OSHA Chronicle:

OSHA will continue to cite employers for heat stress hazards under the General Duty Clause. In reinforcing its commitment to do so, earlier this month, OSHA renewed and updated its National Emphasis Program on Outdoor and Indoor Heat-Related Hazards, extending it for an additional five years until April 2031. The revised program, among other things, updated targeted industries and provided additional enforcement guidance.

Given the Trump administration’s rather lackadaisical approach to regulatory enforcement, one can expect these citations to be few and far between.

And if there ever were a heat emergency, it is now.

Workers in California, Colorado, Maryland, Minnesota, Nevada, Oregon and Washington are protected by those states’ laws and regulations, while Florida and Texas’ elected officials have essentially banned any heat regulations by passing laws preempting local attempts to protect workers.

This, at a time when the number of workers suffering heat-related stress doubled.

What does this mean for you?

More heat-related injuries, longer recovery periods and lots more litigation.

Joseph Paduda is the principal of Health Strategy Associates, a consulting firm focused on improving medical management programs in workers’ compensation. This column is republished with his permission from his Managed Care Matters blog.