Comments on OSHA’s proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule

Author: Marie Hathaway

Pasa’s policy team sought feedback from our community and shared comments on how to ensure protections for farmworkers in OSHA’s proposed rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.

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TO:

Andrew Levinson, MPH
Director
Directorate of Standards and Guidance
Occupational Safety and Health Administration (OSHA)
US Department of Labor
200 Constitution Ave NW
Washington, DC 20210

Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings

Docket No. OSHA-2021-0009

Pasa Sustainable Agriculture is a Pennsylvania-based 501(c)3 nonprofit that cultivates sustainable and equitable farms and food systems across the Mid-Atlantic, Northern Appalachia, and Southern New England. For more than three decades, we have worked with our network of farmers, changemakers, and food systems professionals to advance sustainable agriculture with programs grounded in farmer-driven training, education, research, and community. 

On behalf of Pasa Sustainable Agriculture and the undersigned farmers, we appreciate the opportunity to comment on OSHA’s notice of proposed rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The proposed standard represents an important step toward the heat protections U.S. workers need. To ensure that OSHA’s eventual standard is as effective as possible, we offer the following comments, and we urge OSHA to move forward expeditiously in finalizing and implementing the strongest possible standards to protect workers. 

Heat deaths are preventable tragedies, and the solution isn’t complicated. 

Heat injury and climate change are inextricably intertwined. As we prepare farmers to tackle the uncertainties and volatility of the climate crisis, we must address the human health dangers of extreme heat. Heat deaths are preventable tragedies, and the solution isn’t complicated: training, shade, cool water, and paid rest breaks. But without federal standards informed by scientific research and community input, farm owners will be ill-equipped to create good working conditions, and employees will face a confusing patchwork of rules and regulations. 

Cutting corners on safety is short-sighted and should not be incentivized. 

We are currently operating in an environment in which farms that undervalue worker well-being are better positioned to make a profit. We need to move toward a more level playing field for responsible employers where workplace safety is the norm for everyone. OSHA’s proposed Heat Injury Illness and Prevention rule nudges the expectations in a positive direction. A uniform, enforceable federal standard also has the power to address inconsistencies across the states.

It’s crucial to acknowledge that neglecting to protect farmworkers from heat doesn’t just harm their well-being; it also presents long-term risks to productivity. Ignoring these protections may lead to decreased efficiency, higher turnover rates, and increased costs associated with worker injuries and illnesses, all of which can erode profitability over time. Ensuring worker safety fosters a healthier and more productive workforce, ultimately benefiting the bottom line. 

Recommendations 

To support the successful implementation of the rule, we recommend the following:

• Provide farm owners with adequate support in the development of Heat Injury and Illness Prevention Plans (HIIPP) and training in communicating those plans to employees.
  
  When the Food Safety Modernization Act was implemented, produce farmers were required to attend a food safety training and participate in regular food safety audits. In Pennsylvania, funding was also available to furnish farms with employee training materials and hand-washing equipment. Similar support should be offered to facilitate the implementation of the heat protection rule.
  
  Examples of support include:
  • Template heat plans for farmers to adapt to their own operations
  • Heat safety training materials offered in multiple languages
  • Large beverage dispensers for cooling stations
    
    
• Explore avenues to expand the heat protection requirements to farms with less than ten employees.
  
  While we recognize that this is outside of the scope of this rule and OSHA’s jurisdiction, we think it is important to reiterate the need for safety standards for all farmworkers, not just those on operations with 10 employees or more.
  
  
• Provide more clarity around acclimatization protocols and Initial Heat Trigger rest requirements.
  
  In order to ensure buy-in from farm owners, the heat protection rules should be clearly worded and specific. Farmers don’t want to have to guess if they are adhering to the requirements of the protocol. As an example: the vagueness of “rest periods as needed” at the 80 degree trigger leaves too much room for ambiguity. 

Sincerely,
Pasa Sustainable Agriculture

Want to sign this letter?

Click here to add your name in support for heat injury protections for farmworkers.