July ’24 at-a-glance … regulations

Prevention of heat-related illnesses and injuries addressed in pending final rules 

New federal and California regulations aimed at reducing heat-related illnesses and injuries are pending: 

• The Occupational Safety and Health Administration’s (OSHA) pending Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings rule is expected to be finalized in about 60 days, following review by the White House Office of Management and Budget (OMB). The final rule is expected to include mandatory work breaks, access to cold water and designated cool down stations when the indoor or outdoor heat index reaches 80° F.  

• California’s Heat Illness Prevention in Indoor Places of Employment rule is under a 30-day review by the state’s Office of Administrative Law (OAL) before final implementation. The pending law applies to indoor environments when the temperature reaches 82° F. California already has regulations addressing those working in outdoor heat that are summarized in the linked document above. 

Supreme Court opens new door to challenge regulatory rulemakings  

In overturning the Chevron doctrine in its recent Loper Bright ruling, the U.S. Supreme Court has effectively limited the power of agencies and created opportunities to challenge regulatory rulemakings. The ruling reversed an earlier decision that required federal courts to defer to an administrative agency’s interpretation when statutes were ambiguous. Courts are now required to use their own independent judgement when deciding whether an agency has acted within its statutory authority, rather than deferring to the agency. While the ruling gives a platform to regulated entities (such as manufacturers) interested in challenging agency rules, it does the same for environmental groups that think regulations have not gone far enough. According to Fred Andes, NAFEM legal counsel, Barnes & Thornburg, “The ruling is best viewed as an overall trend of the courts’ increasing skepticism of agency oversight.”