Regulatory over-reach has once again shown that “one-size-fits-all” approaches from our federal central planning quagmire (i.e., Washington, D.C.) results in unenforceable, unrealistic, uneconomical, and sometime comical plans and programs that Draconically shackle the marketplace (particularly, small businesses). Below are samplings from the Small Business Administration’s comment concerning OSHA’s latest thoughts on how to improve working conditions for all businesses in regards to mitigating heat-related exposures. These suggested restrictions would apply to all employees in general industry, construction, maritime, and agriculture where OSHA has jurisdiction and whose employees are exposed to heat hazards above OSHA’s proposed 80ﹾ and 90ﹾ (high heat) triggers. “The rule would require covered employees to develop heat injury and illness prevention plans, conduct training, designate safety coordinators, seek non-managerial employee input and involvement, provide for periodic and episodic review and evaluation, and other requirements.”

The Small Business Advocacy Review Panel in its eight-page rebuttal to these inappropriate requirements stated in part:

(A)          “OSHA’s proposed rule is intended to be a programmatic and flexible standard that would require employers to create heat injury and illness prevention plans to evaluate and control heat hazards in their workplaces. It would establish requirements for identifying heat hazards, implementing engineering and work practice control measures at or above two heat trigger levels (i.e., the initial and high heat triggers), developing and implementing heat illness and emergency response plans, providing training to employees and supervisors, requiring periodic reevaluation, and retaining records. The proposed rule would apply to all employers conducting outdoor and indoor work above the heat triggers in all general industry, construction, maritime, and agriculture sectors, with certain exceptions.”

(B)          “The clear consensus among those who participated in these meetings is that while the safety and health of their employees is their paramount concern, the proposed rule is a one-size-fits-all approach that fails to account for their broad diversity of workplaces, employees, and regional differences.”

(C)          “Indeed, many have stated that they already have heat IIP plans and controls in place and conduct training for their employees. Most have stated that they have experienced very few, if any, heat-related injuries or illnesses at their workplaces.”

(D)          “However, OSHA has rejected the more flexible approaches recommended by the small entities and proposed a single, uniform standard for every situation regardless of industry, sector, geographic region, and acclimatization and susceptibility of employee.”

(E)          “The universal heat triggers do not account for regional weather conditions, variability, and humidity and fundamentally affect the costs and impact of the rule. OSHA has not provided an adequate response to these concerns raised by small businesses. Further, the one-size-fits-all heat triggers, rest breaks, acclimatization, and the structure of a heat injury and illness prevention plans are too rigid to apply to firms and employers across all sectors, particularly firms with mobile or individual project workers.”

(F)          “OSHA has not provided exceptions to the mandatory (high heat trigger) rest break provisions (i.e., 15 minutes every two hours) where materials like asphalt and concrete are time sensitive and must be applied upon delivery.”

(G)          “Requiring artificial shade and temporary structures may be infeasible in operations such as road construction, where vehicular traffic and the rapidly changing work environment can introduce greater hazards.”

(H)          “Small business representatives have also suggested that OSHA provide separate standards for outdoor and indoor work environments, or for operationally distinct sectors such as construction and agriculture. OSHA should also provide clarification on hybrid work environments, such as foundries, warehousing, and transportation, where work is performed in both outdoor and indoor environments.”

(I)           “Small business representatives have stated that the proposed heat triggers are too low and should be increased. Many have suggested that 90- and 100-degree triggers might be more appropriate, but nearly all believe the proposed triggers are too low.”

(J)           “Small business representatives have also raised concerns about the complex training provisions discussed in the preamble, which appear to require employers to conduct training on complex medical concepts.”

(K)          “Small business representatives have also questioned the need for annual program reevaluations if workplace conditions have not changed.”

(L)           “Small business representatives also raised concern about adopting universal rules for buildings and workplaces of unlimited variation and design, failing to adequately consider associated mechanical shops, supply and storage locations, and loading facilities, and not recognizing diverse workplace characteristics such as commodity variations in agricultural settings.”

This is a brief glimpse behind the regulatory curtain where all 141 regulatory agencies are hard at work scheming to undermine small business entrepreneurism, and our capitalistic system in general. It appears that their end game is to criminalize all business, unionize the larger ones, and nationalize the rest. It’s typical of a variety of central planning control campaigns with an ill-conceived plan looking for an almost imaginary problem to solve.

Let’s hope that with a much more business friendly administration taking over January 20, 2025, that we’ll once again put Constitutionalism and all its specific and implied concepts, like due process, the rule of law, responsible immigration control, and political ethics and accountability, back in place to put America, its citizens, and it businesses back in control of the federal government, and reestablish the true meaning of “WE, THE PEOPLE”!