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Abstract

In the essay “An Elusive Promise: Protecting US Workers from Excessive Heat,” the author (who is also the author of this commentary) addresses the ever-increasing hazard that exposure to excessive heat poses to workers, both internationally and in the United States, and details the history of federal efforts to address the problem, dating back to the passage of the Occupational Safety and Health Act (the “OSH Act”) in 1970. Following years of dogged advocacy by the worker safety community, those efforts culminated in August 2024 in the publication in the Federal Register of a Notice of Proposed Rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. A few months later, Donald Trump was elected president. This commentary examines whether the proposed rule can survive his presidency.

Keywords

OSHA proposed heat regulation prognosis relevant players and their histories other political considerations

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References

Flouris

Graczyk

Nafradi

, et al. Heat at work: Implications for safety and health. A global review of the science, policy and practice. Geneva: International Labour Organization, 2024. Available at: https://www.ilo.org/sites/default/files/2024-07/ILO_OSH_Heatstress-R16.pdf.

G20 . G20 OSH network’s annex to the 2024 G20 labor and employment ministers meeting (LEMM). Brazil: G20 OSH Network, 2024. Available at: https://www.dol.gov/sites/dolgov/files/ILAB/G20-OSH-Network-Statement-July-16.pdf.

NIOSH. Criteria for a recommended standard: Occupational exposure to hot environments. US Department of Health, Education, and Welfare, Health Services and Mental …, 1972.

USDOL OSHA . Fact sheet: Heat injury and illness prevention in outdoor and indoor work settings. Washington, DC: United States Department of Labor-Occupational Safety & Health Administration, 2024. Available at https://www.osha.gov/sites/default/files/publications/heat-rulemaking-factsheet.pdf.

USDOL OSHA . Notice of proposed rulemaking: heat injury and illness prevention in outdoor and indoor work settings. Fed Regist 2024; 89: 70698–71073.

Constible

. Occupational heat safety standards in the United States. Available at https://www.nrdc.org/resources/occupational-heat-safety-standards-united-states (June 16, 2025, accessed July 2, 2025).

H.B. 2127: Relating to state preemption of and the effect of certain state or federal law on certain municipal and county regulation. Texas, USA. Available at: https://www.legis.state.tx.us/tlodocs/88R/billtext/html/HB02127F.HTM (2023).

Borunda

. Climate: Florida blocks heat protections for workers right before summer. Available at: https://www.npr.org/2024/04/12/1244316874/florida-blocks-heat-protections-for-workers-right-before-summer. (April 12, 2024, accessed July 2, 2025).

Uteuova

Lakhani

Sainato

. Florida passes “cruel” bill curbing water and shade protections for workers. The Guardian, March 8, 2024.

10.

Uteuova

. Phoenix passes landmark rule requiring heat protection for outdoor workers. The Guardian, March 27, 2024.

11.

Lin

. UPS drivers won “Historic heat protections.” They say the company hasn’t lived up to that promise. Mother Jones. Available at: https://www.motherjones.com/politics/2024/08/ups-drivers-teamsters-heat-protections/ (August 26, 2024, accessed July 2, 2025).

12.

Rivero

Uzcategui

. These farmworkers created America’s strongest workplace heat rules. Washington Post, February 17, 2024.

13.

USDOL OSHA . The OSHA rulemaking process. Washington, DC: USDOL, Occupational Safety & Health Administration, 2012. Available at: https://www.osha.gov/sites/default/files/OSHA_FlowChart.pdf.

14.

Barab

. OSHA issues proposed heat standard. Confined Space. Available at: https://jordanbarab.com/confinedspace/2024/07/02/osha-issues-proposed-heat-standard/ (July 2, 2024, accessed April 4, 2025).

15.

McNicholas

Rhinehart

Poydock

. 50 reasons the Trump administration is bad for workers: President Trump has said he would “protect” and “fight for” workers. Instead, his administration has systematically done the opposite. Available at: https://www.epi.org/publication/50-reasons/ (September 16, 2020, accessed April 4, 2025).

16.

daCosta

. Trump ramps up assault on workers’ rights with Scalia nomination to department of labor. Forbes. Jersey City: Forbes Media. Available at: https://www.forbes.com/sites/pedrodacosta/2019/07/22/trump-ramps-up-assault-on-workers-rights-with-scalia-nomination-to-department-of-labor/ (July 22, 2019).

17.

Phillips

Rivero

Kommenda

. The U.S. has a plan to protect workers from heat. Employers are fighting it. Washington Post, July 11, 2024.

18.

Dooling

BCE

. Going through regulatory withdrawal. Yale Journal on Regulation. Available at: https://www.yalejreg.com/nc/going-through-regulatory-withdrawal/ (October 13, 2020, accessed April 4, 2025).

19.

Trump

. Executive Order 14192: Unleashing prosperity through deregulation. Fed Regist 2025; 90: 9065–9067.

20.

Crews

. Trump’s 10-For-1 “unleashing prosperity through deregulation” executive order: What’s next? Forbes. Jersey City: Forbes Media. Available at: https://www.forbes.com/sites/waynecrews/2025/02/03/trumps-ten-for-one-unleashing-prosperity-through-deregulation-executive-order-whats-next/ (February 3, 2025).

21.

Hsu

. Trump fires EEOC and labor board officials, setting up legal fight. Available at: https://www.npr.org/2025/01/28/nx-s1-5277103/nlrb-trump-wilcox-abruzzo-democrats-labor (January 28, 2025, accessed April 4, 2025).

22.

Newhouse

. 2 equal employment opportunity commission democrats fired. Government Executive. Available at: https://www.govexec.com/transition/2025/01/two-equal-employment-opportunity-commission-democrats-fired/402568/ (January 28, 2025, accessed April 4, 2025).

23.

EPI. Offering deferred resignation to federal employees. Federal Policy Watch. Available at: https://www.epi.org/policywatch/offering-deferred-resignation-to-federal-employees/ (January 29, 2025, accessed July 2, 2025).

24.

Chavez-DeRemer

. Daughter of a Teamster. Available at: https://www.youtube.com/watch?v=w48BPhfwdkM (accessed April 4, 2025).

25.

Otterbein

Hill

. Teamsters president pushing Chavez-DeRemer for labor secretary. Politico. Available at: https://www.politico.com/live-updates/2024/11/19/congress/obriens-pick-for-labor-secretary-00190495 (November 19, 2024, accessed April 4, 2025).

26.

USDOL . Secretary Chavez-DeRemer meets with Teamsters, manufacturers, construction workers as America at work tour continues. Washington, DC: United States Department of Labor, 2025. Available at: https://www.dol.gov/newsroom/releases/osec/osec20250421.

27.

Eidelson

. The gig economy is coming for millions of American jobs. Bloomberg. Available at: https://www.bloomberg.com/news/features/2021-02-17/gig-economy-coming-for-millions-of-u-s-jobs-after-california-s-uber-lyft-vote (February 17, 2021, accessed April 4, 2025).

28.

Niedzwiadek

. Business groups wary of Trump’s pro-union Labor secretary pick. Politico. Available at: https://www.politico.com/news/2024/12/05/employers-wary-trump-labor-secretary-chavez-deremer-00191730 (December 5, 2024, accessed April 4, 2025).

29.

Kanu

. Labor nominee Chavez-DeRemer: More Trump loyalist than union ally. The American Prospect. Washington, DC: The American Prospect. Available at: https://prospect.org/politics/2024-12-04-labor-nominee-chavez-deremer-trump-loyalist/ (December 4, 2024).

30.

Wood

. Chavez-DeRemer distances from PRO act, calls for labor law modernization during labor secretary senate hearing. Thomson Reuters, Tax and Accounting. Available at: https://tax.thomsonreuters.com/news/chavez-deremer-distances-from-pro-act-calls-for-labor-law-modernization-during-labor-secretary-senate-hearing/ (February 20, 2025, accessed July 2, 2025).

31.

AFLCIO. Rep. Lori Chavez-DeRemer, Oregon District 5, Republican, AFL-CIO Scorecared. Available at: https://aflcio.org/scorecard/legislators/lori-chavez-deremer (2023, accessed April 4, 2025).

32.

Hubbard

. Senate confirms Lori Chavez-DeRemer as labor secretary in bipartisan vote. Available at: https://www.cbsnews.com/news/lori-chavez-deremer-labor-secretary-confirmation-vote/ (March 10, 2025, accessed July 2, 2025).

33.

Lori Chavez-DeRemer's confirmation as Labor Secretary is a key step in executing President Trump’s vision for a thriving American workforce. The Department of Labor will prioritize American workers, foster job growth, and eliminate burdensome regulations that stifle opportunity. 7:45 PM ed. Washington, DC: The White House, Available at: https://www.facebook.com/story.php?story_fbid=122122869470723345&id=61571700369424&_rdr (March 10, 2025, accessed August 25, 2025).

34.

AFLCIO . AFL-CIO president on Chavez-DeRemer’s confirmation to head department of labor. Washington, DC: American Federation of Labor-Congress of Industrial Organizations. Available at: https://aflcio.org/press/releases/afl-cio-president-chavez-deremers-confirmation-head-department-labor (March 10, 2025, accessed July 2, 2025)

35.

Esola

. OSHA leader nominee has strong roots in workforce. Business Insurance. Available at: https://www.businessinsurance.com/osha-leader-nominee-has-strong-roots-in-workforce/ (February 26, 2025, accessed April 4, 2025).

36.

National Safety Council (ed.). NSC welcomes the nomination of David Keeling to lead OSHA. David is a proven safety leader, a friend of NSC, and his real-world experience will be a boon to an agency that ensures America reaps the many benefits of safety in the workplace. National Safety Council, 2025.

37.

TDU. UPS, Amazon boss nominated to head OSHA. Teamsters for a Democratic Union. Available at: https://www.tdu.org/ups-amazon-boss-nominated-to-head-osha (February 16, 2025, accessed August 10. 2025).

38.

Former Amazon safety executive nominated to lead OSHA. Available at: https://www.citizen.org/news/former-amazon-safety-executive-nominated-to-lead-osha/ (February 14, 2025, accessed April 4, 2025).

39.

Berry

. The Federalist Society. Available at: https://fedsoc.org/contributors/jonathan-berry (accessed July 2, 2025).

40.

Berry

. Department of labor and related agencies. In: Dans

Groves

(eds) Mandate for leadership: The conservative promise (Project 2025). Washington, DC: Heritage Foundation, 2023, pp.581–619.

41.

USDOL OSHA . OSHA to host public hearing on heat injury and illness prevention proposed rulemaking on June 16. Washington, DC: United States Department of Labor—Occupational Safety & Health Administration, 2025. Available at: https://www.osha.gov/news/newsreleases/osha-trade-release/20250416.

42.

Sainato

. Mass resignations at labor department threaten workers in US and overseas, warn staff—as more cuts loom. The Guardian, May 3, 2025.

43.

O’Brien

. WATCH: Teamsters President Sean O'Brien speaks at Republican National Convention, 2024 RNC Night 1. PBS News Hour. Washington, DC: PBS News. Available at: https://www.youtube.com/watch?v=0pDnocISOKc (2024, accessed April 4, 2025).

44.

Felsen

. An elusive promise: protecting U.S. workers from excessive heat. Global Labour Rights Reporter 2025; 4: 6–16. Available at https://www.ilawnetwork.com/wp-content/uploads/2025/04/Journal-The-Global-Labour-Rights-Reporter-gllr-4-1-Updated.pdf

Protecting Workers from Extreme Heat;US Department of Labor has Proposed a Much-Needed Regulation;Can it Survive Trump? Commentary on the Essay “An Elusive Promise: Protecting US Workers from Excessive Heat”

Abstract

Keywords

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References