Congress may kill the federal heat rule before OSHA can
Grist · LC · trust 45/100
July was the hottest month on record in the United States, with three heat domes — slow-moving, high-pressure systems that trap heat and humidity in place — afflicting large swaths of the country. The most recent of these contributed to an 18-day extreme heat warning in Phoenix, Arizona, the state’s second-longest stretch on record . Yet, in the face of these extreme heat events, representatives in Congress last month advanced a bill that would block the nation’s workplace regulator from finalizing a rule to protect workers from heat stress. What gives?
H.R. 6213 was introduced last year by Representative Mark Messmer from Indiana, who celebrated the House Committee on Education and the Workforce’s recent vote in support of the legislation. The bill seeks to undermine a proposed federal rule that has been languishing under the Occupational Safety and Health Administration, or OSHA. The rule — which would ensure workers have access to rest, shade, and water on the job — was drafted under the Biden administration. Messmer has described the proposed rule as “ unnecessary ,” saying it would present a burden to employers.
In response to a request for comment, the communications director for the House Committee on Education and the Workforce, Audra McGeorge, did not share a timeline for a full vote on the bill. “The Committee doesn’t control the Floor schedule,” she said. But labor advocates are nevertheless alarmed by the progress H.R. 6213 has made, especially at a time of record-breaking summer temperatures.
“The passage of this bill would set a terrible precedent,” said Juanita Constible, a senior advocate on environmental health at the Natural Resources Defense Council. “It signals a shift away from our current deliberate, data-driven process to kind of a Wild West, where Congress decides whether workers are at risk or not. And I don’t think that’s its role.”
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Since OSHA first went public with its proposed rule on preventing heat illness and injury in 2024, the agency has been through multiple comment periods, including public hearings . Experts say the proposed rule’s requirements are relatively straightforward and commonsense. Objections tend to come from pro-business groups, which argue that such regulation would be onerous, stifle growth, and cost too much money. But advocates like Charlotte Brody, vice president of health initiatives at the BlueGreen Alliance, insist that “the OSHA rule, like most OSHA rules, is based on good science.”
For example, the proposed rule would require employers to develop safety plans for workers that would kick in when the heat index reaches 80 degrees Fahrenheit, the point beyond which the vast majority of heat deaths in the workplace occur . (The heat index, which takes into account humidity as well as air temperature, is sometimes referred to as the “feels like” temperature.) When the heat index surpasses 90 degrees, additional measures would then be required. The rule would also instruct employers to create plans to acclimatize workers to laboring under extreme heat. As Brody noted, 3 out of 4 occupational heat deaths happen within the first week of work .
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