The Air Conditioning Contractors of America (ACCA) recently submitted formal comments to the U.S. Department of Labor, responding to OSHA’s proposed rule on Heat Illness Prevention in Outdoor and Indoor Work Settings. This proposed regulation aims to address the risks of heat exposure across industries. While ACCA supports OSHA’s commitment to worker safety, we believe the proposed rule, in its current form, is potentially harmful to small businesses—including contractors.
HVACR professionals often work in extreme temperatures to ensure homes and businesses are safe and comfortable. We know that ACCA members prioritize proactive heat protection measures like hydration, frequent breaks, and heat stress training. Contractors take these steps because there are no winners when it comes to on-the-job heat-related illnesses. The proposed rule takes a one-size-fits-all approach that overlooks industry best practices and real-world job site conditions, potentially adding burdens without making HVACR professionals any safer.
Key concerns raised by ACCA
Rigid heat index triggers: The proposed thresholds of 80°F and 90°F as compliance triggers fail to consider regional climate variations or worker acclimatization. For HVACR contractors in warmer climates, these limits could unnecessarily disrupt operations without improving safety outcomes. A more flexible, risk-based approach is needed to address the realities of differing work environments.
Increased safety risks: Mandated cool-down periods and shelter zones may inadvertently prolong heat exposure and increase worker fatigue. HVACR professionals often work in remote or physically demanding environments, and these measures could create logistical challenges that undermine safety rather than enhance it.
Administrative burdens: The detailed recordkeeping and documentation requirements, such as daily temperature logs and written heat illness prevention plans, pose significant challenges for small businesses. These obligations risk diverting resources from hands-on safety measures, like training and hydration access, and disproportionately burdening smaller employers.
Industry-specific practices: HVACR contractors have developed effective, adaptive strategies to address heat stress based on their unique work environments. Prescriptive mandates could undermine these proven practices, making it harder for contractors to prioritize employee safety in real-world conditions.
Recommendations for a practical standard
ACCA’s comments to OSHA outlined several recommendations to make the proposed rule more practical and effective:
- Flexible, risk-based approach: Employers should be empowered to assess heat risks based on job-specific conditions, regional climates, and worker acclimatization, rather than relying on rigid heat index thresholds.
- Simplified documentation: Streamlining recordkeeping requirements would reduce administrative burdens, particularly for small businesses, allowing them to focus on meaningful safety measures.
- Recognition of best practices: OSHA should encourage and support industry-specific strategies for managing heat stress, providing guidance and resources rather than prescriptive mandates.
- Proportionate penalties: ACCA emphasized the need for proportionate penalties for heat-related injuries, ensuring OSHA holds bad actors accountable while supporting small businesses that follow best practices.
- Collaboration with small businesses: OSHA must engage with small business representatives to ensure the final rule is both practical and achievable, addressing worker safety without imposing excessive burdens.
ACCA’s commitment to contractors and worker safety
As a leader in the HVACR industry, ACCA remains committed to protecting contractors and their employees. Worker safety is a shared priority, and ACCA is working to ensure that any new regulations strike a balance between protecting workers and maintaining operational viability for contractors.
What happens next?
With the public comment period for OSHA’s proposed Heat Illness Prevention rule closing on January 14, 2025, OSHA will review all feedback and develop a final version of the rule. This process could take months, but the rule’s future is uncertain.
The proposal has faced criticism from Republicans in Congress, citing concerns over its impact on small businesses. Additionally, with the incoming Trump Administration, it is unclear whether the rule will be finalized, delayed, or withdrawn altogether. New administrations often revisit or halt pending regulations, especially those deemed burdensome.
You can do your part by participating in our OSHA Heat Rule Action Alert to let your members of Congress know why they should oppose the rule in its current form. By advocating for a practical, flexible approach to regulations like heat illness prevention, ACCA can ensure that contractors have a voice in shaping policies that impact their livelihoods.
ACCA works hard to advocate behind the scenes on behalf of contractors; but we can’t do it alone. ACCA membership dues power our advocacy efforts and enable us to advance contractor interests so that contractors can keep their focus on doing what they do best: running successful, impactful businesses.
Thanks to our members for supporting this vital work.
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