Advanced notice of proposed rulemaking Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings OSHA-2021-0009
NELP sees the work on this standard as an important starting point, but also know that the standard will not be enough to prevent workers from being harmed by the increasing heat due to climate change. We commend President Biden’s decision to place this effort by OSHA in the context of a whole-of-government approach to protect workers and communities from recent heat. Recent analysis shows that even workers who themselves do not labor in excessive heat are at greater workplace risk when temperatures rise; simply living in a hotter world has impacts on overall health and mental capacities that may result in increased injuries in all workplaces.
The historical practice of redlining means that in more than 96 percent of the nation’s largest cities, people of color live with higher summer daytime surface temperatures than non-Hispanic white residents; while occupational segregation—in effect, redlining in the workplace—places Black, Indigenous, Latinx, Asian, and immigrant workers into occupations and industries where relief from the heat at work is not a given. We read OSHA’s commitment to establish a heat standard in the context of the EPA’s recent work on socially vulnerable groups, and we urge OSHA and the Department of Labor to craft a standard that keeps these populations at the center.
The National Employment Law Project (NELP) is a national nonprofit advocacy organization that for more than 50 years has sought to build a just and inclusive economy where all workers have expansive rights and thrive in good jobs. We work extensively with worker centers, labor unions, and other worker organizing groups. With these partners we have created policy solutions to ensure that all workers have safety and health protections, especially in dangerous low-paying jobs where workers of color are disproportionately represented. We recognize that a serious injury or workplace fatality can force workers and their families into poverty and takes an emotional and physical toll on entire communities, thus we see the fight for strong health and safety standards as part of our mission to build Black, immigrant worker power and advance transformative solutions to achieve racial and economic justice.
Key Takeaways
- A heat standard must be designed and implemented in a timely manner
- Extreme heat and the root causes of disposable labor
- The industries and occupations implicated in excessive heat exposure are expansive
- Temporary workers and those in non-standard employment relationships must be protected
- Workers who fear retaliation are less likely to report employer violations
- A stakeholder approach is key to mitigation
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About the Author
Anastasia Christman
Areas of expertise:
- Climate Justice,
- Policy Analysis,
- Procurement Policy,
- Research,
- Worker Organizing
