b'REGULATORY REPORT:Measures to Control REGULATORY Workplace Heat ExposurePETER LAURIDSEN // PVAREGULATORY AFFAIRS CONSULTANTO nOct.27,2021theOccupationalhere on occupational heat-related illnesses andhazardsthatcauseorarelikelytocause SafetyandHealthAdministrationfatalities are likely vast underestimates. death or serious physical harm to employees (OSHA)oftheDepartmentof(29 U.S.C. 654 (a)(1)). While OSHA has Labor issued an advanced notice of proposedAgainstthisbackgroundtheANPRMalsoissued guidance on indoor and outdoor heat rulemaking(ANPRM)expressingconcernsdiscussesenforcementactionsleadingtoenvironmentstheGeneralDutyClause involving heat exposure leading to injury ordoes not specifi cally prescribe hazardous heat death in the workplace. exposure thresholds or provide specifi cs on This ANPRM seeks tohowemployersaretoreduceoreliminate The ANPRM indicates that there is an issue oftheir employees exposure to hazardous heat. concern that harmful heat in the workplace isremedy what OSHA not being addressed completely or efficiently.OSHA enforcement using the General Duty OSHAnotesthattheBureauofLaborsees as limitationsClausehassignifi cantlegalchallenges.Statistics (BLS) Census of Fatal Occupationalon its eff ectivenessIthasbeendifficulttoprovearecognized Injurieshasidentifi ed907U.S.workershazardousenvironmentbecausethereare killed from 1992 to 2019 due to exposure toin heat-related areasnospecifi cexposuremeasurescitedinthe excessive heat. This average of 32 deaths a yearof illness and death. regulations. In litigated cases regarding work shows an upward trend with 43 work-relatedplaceheat-relatedinjury,OSHAhasbeen deaths due to environmental heat exposure largely unsuccessful.reported in 2019. The BLS Annual Survey of Occupational Injuries and Illnesses estimatedformalhearings.TheANPRMspecifi callyThiswell-researchedandlengthyFederal 31,560 work-related heat injuries and illnessesstates that under OSHAs General Duty ClauseRegisterANPRM(86FR59309)seeks involving days away from work have occurredemployers have a general duty to furnish totoremedywhatOSHAseesaslimitations from 2011-2019. In another section of theeach of their employees employment and aonitseff ectivenessinheat-relatedareasof ANPRM OSHA says the estimates providedplaceofemploymentfreefromrecognizedillness and death. They do this by looking to establishappropriatemeasuresandmetrics that do or can lead to heat-related injuries and death. They do this through presenting a detailed discussion of current studies and knowledge of heat-related illnesses and then askthereaderforfeedbackonindustrys knowledge,experience,andopinions through the answers to 114 questions.Ourpassengervesselindustrysprimary regulator is the U.S. Coast Guard and the applicabilityofanyregulatoryinitiative arisingfromthisANPRMwillbejudged undertheprovisionsofanexisting MemorandumofUnderstanding(MOU) between the Coast Guard and the OSHA. TheMOUacknowledgestheCoast Guard is the dominant federal agency with thestatutoryauthoritytoprescribeand REGULATORY REPORT 28 FOGHORN'