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OSHARulemakingOSHA-2021-0009

Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings

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Northwest Horticultural Council filings
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Northwest Horticultural Council filed 2 comments on this docket between Jan 26, 2022 and Feb 13, 2025. 410 other organizations filed here. The comment window closed 271d ago.

What Northwest Horticultural Council filed (2)

Feb 13, 2025· Comment from Tynan, Kate; Northwest Horticultural Council (NHC)· OSHA-2021-0009-25393

Dear Assistant Secretary Parker: The Northwest Horticultural Council (NHC) writes today to provide comment regarding Docket No. OSHA-2021-0009, the proposed rule entitled "Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings" published by the U.S. Occupational Safety and Health Administration (OSHA) on August 30, 2024, in the U.S. Federal Register. The NHC represents the growers, packers, and shippers of apples, pears, and cherries in Washington, Oregon, and Idaho. Our growers produce 64 percent of the apples (supplying 74 percent of the U.S. fresh market), 85 percent of the fresh pears, and 67 percent of the fresh sweet cherries grown in the United States. Protecting our workforce from hazardous conditions has, and continues to be, a top priority of the growers and packers we represent. From training workers to safely utilize equipment like ladders and tractors, to implementing practices to protect workers from hazardous weather conditions, growers have acted to minimize risks to workers in the workplace long before government policies required them to do so. In the case of hazardous heat, growers follow current OSHA standards related to this issue. Growers in Washington and Oregon are also subject to rigorous state-based heat illness prevention standards for outdoor workplaces. Much like the proposed OSHA standard, both state standards trigger similar requirements at a heat index of 80 degrees and 90 degrees Fahrenheit, with similar (albeit not identical) provisions as in the OSHA proposal to require water, shade, rest breaks, and other activities intended to prevent heat illness amongst workers. The higher heat threshold is rarely triggered for tree fruit operations, as growers have adjusted most employees' schedules to limit work from being conducted in the orchard when the temperature is above 90 degrees. Even absent these government requirements, the NHC emphasizes that the vast majority of growers take measures to mitigate the risks of heat illness – and are in the best position to determine how best to protect their workforce in their unique work environment. That being said, we recognize the value of establishing a baseline, nationwide standard to ensure that workers are not placed in a situation where they are asked to put their health at risk. Generally speaking, we strongly encourage OSHA to approach this rulemaking process as an opportunity to establish baseline standards without being overly prescriptive in how employers achieve the objective of employee protection from heat illness. More specifically, the NHC offers the comments in the attached document for OSHA's consideration as the agency determines next steps in this rulemaking process. Sincerely, NORTHWEST HORTICULTURAL COUNCIL Kate Tynan Senior Vice President

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Jan 26, 2022· Comment from Tynan, Kate; Northwest Horticultural Council (NHC)· OSHA-2021-0009-0600

The Northwest Horticultural Council (NHC) is responding to the Advanced Notice of Proposed Rulemaking (ANPRM) published in the October 27, 2021, U.S. Federal Register Notice under docket number OSHA-2021-0009 regarding the protection of "indoor and outdoor workers from hazardous heat." The NHC handles federal and international policy and regulatory issues for apple, pear, and cherry growers, packers, and shippers in Washington, Oregon, and Idaho. Together, our growers produce 67 percent of the apples, 76 percent of the pears, and 81 percent of the sweet cherries grown in the United States. Protecting our workforce from hazardous conditions has long been a top priority of the growers and packers we represent. From training workers to safely utilize equipment such as ladders and tractors, to implementing practices to protect workers from hazardous weather conditions – growers have acted to minimize work environment risks long before government policies required them to do so. In the case of hazardous heat, growers have also followed current OSHA standards related to this issue. For over a decade, growers in Washington state have also followed a state-based outdoor heat standard enforced by the Washington State Department of Labor and Industries from May until September of each year. Both Washington and Oregon imposed emergency standards in the summer of 2021 in response to an unseasonal heat wave. We would like to emphasize that the vast majority of growers take measures to mitigate the risks of heat stress for their workers absent government mandates. That being said, we recognize that the establishment of baseline standards to ensure that workers are not placed in a situation where they are asked to put their health at risk is of benefit. We strongly encourage OSHA to approach this rulemaking as an opportunity to establish standards that penalize the bad actors, instead of being overly prescriptive in detailing how employers go about protecting their workers from extreme temperatures. For example, we consider it appropriate to require growers to have a written heat illness prevention program, and to train workers how to identify and respond to heat stress. However, we caution against prescribing exactly how employers approach such protective measures. It is impossible for OSHA to account for every employment arrangement and workplace. Overly restrictive regulations risks imposing significant costs on employers of all sizes without leading to a more protective environment for workers in both outdoor and indoor environments. Growers and packers are innovative, and we are concerned that too prescriptive of requirements would make it more difficult for growers and packers to employ the practices that best benefit their employees. Please see the enclosed letter for detailed comments regarding a number of issues raised by OSHA in the ANPRM. Sincerely, NORTHWEST HORTICULTURAL COUNCIL Kate Tynan Senior Vice President

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Abstract

OSHA is proposing to issue a new standard, titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction, with some exceptions. It would be a programmatic standard that would require employers to create a plan to evaluate and control heat hazards in their workplace. It would more clearly set forth employer obligations and the measures necessary to effectively protect employees from hazardous heat.

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Co-filers (410)

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