SC&RA Concerned with H.R. 2190 Heat Bill 

(August 02,2022 ) - SC&RA, as a part of the Construction Industry Safety Coalition (CISC), signed a letter last week with several other associations to highlight continued concerns regarding the changes to H.R. 2193 the “Asuncion Valdivia Heat Illness and Fatality Prevention Act”. This legislation was re-introduced to require OSHA to promulgate a heat exposure standard. Ongoing CISC concerns contained in the letter include:

• OSHA has already taken a number of steps to address work-related heat exposures, including formal rulemaking and increased heat illness enforcement.
• The time prescribed for OSHA to issue a final standard is insufficient to ascertain meaningful input in this complex area and the new bill cavalierly ignores the rulemaking process that OSHA has currently undertaken.
• Creates significant concerns for the CISC because it changes the judicial review process by limiting the ability of aggrieved parties to have their day in court.
• Impermissibly changes the legal standard for agency deference in contravention of the U.S. Supreme Court’s holding in Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc.

The Education and Labor Committee has advanced this heat bill along party lines, which now sets the stage for a probable vote in the House. For more information, contact SC&RA Senior Vice President of Crane & Rigging Beth O’Quinn.