Long Island Construction Law does not own this content. This content was created by Zachary Phillips, and was published to ConstructionDive on July 25th, 2024. To view the full article, please click here.
Legal experts say regardless of whether the standard will be adopted, it’s a helpful tool and provides insight into the agency’s view of heat safety. It’s been a hot summer…
The U.S. has faced multiple heat waves. Monday was the hottest-ever recorded day on the planet, beating the record set just the day before, AP News reported. For many workers, that’s meant laboring in intense climates.
It’s also been a summer full of new developments in politics and regulations.
On July 2, OSHA published a proposed rule, a quickly formed standard — compared to previous rules — in response to rising temperatures. It aims to better protect indoor and outdoor workers in all industries from extreme heat.
But just a few days prior, the Supreme Court overturned the Chevron doctrine, which required federal courts to give deference to federal agencies’ reasonable interpretation of ambiguous statutes. This development led many to wonder whether OSHA could even enforce a heat rule, should it be challenged. Nonetheless, SCOTUS declined to hear a challenge to OSHA’s authority on July 2, USA Today reported.
Meanwhile, this fall’s presidential election could call into question the proposed heat rule’s adoption as well. Should former President Donald Trump win, he could potentially stop the standard when his own Cabinet takes over, multiple sources told Construction Dive.
Although these developments seem like they could be a deterrent to the new standard going into effect, legal experts say it still matters, regardless of whether it gets finalized.
“I think there are plenty of good, solid, legal reasons that this will never take effect, but my take is so what?” said Phillip Russell, OSHA and employment lawyer, litigator and advisor for Washington, D.C.-based firm Ogletree Deakins. “My perspective on this is that the content of this proposed standard has useful information for employers right now.”
Regardless of what happens with the OSHA heat standard, the text of it is a resource that contractors can use to bolster their safety practices. The best action now, lawyers told Construction Dive, is for construction pros to familiarize themselves with the rule, write or update their own company heat safety plan based on the proposal and follow it.
John Caravella Esq., is a construction attorney and formerly practicing project architect at The Law Office of John Caravella, P.C., representing architects, engineers, contractors, subcontractors, and owners in all phases of contract preparation, litigation, and arbitration across New York and Florida. He also serves as an arbitrator to the American Arbitration Association Construction Industry Panel. Mr. Caravella can be reached by email: John@LIConstructionLaw.com or (631) 608-1346.
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Long Island Construction Law does not own this content. This content was created by Zachary Phillips, and was published to ConstructionDive on July 25th, 2024. To view the full article, please click here.