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Manesh Rath and Taylor Johnson Quoted in Inside OSHA Article on OSHRC Heat-Danger Decisions

Keller and Heckman Partner Manesh Rath and Associate Taylor Johnson were quoted in the Inside OSHA article, “OSHRC Heat-Danger Decisions Could Speed OSHA Standard, Attorney Says.” The article mentions Keller and Heckman’s March 22, 2023 OSHA 30/30, where Manesh and Taylor discussed OSHA’s heat-danger rulemaking. “There are many who believe that the finalization of the rulemaking is now more imminent than it has ever been,” reported Manesh, in response to OSHRC’s two February decisions that scrapped four of five heat-exposure citations against USPS.

Taylor mentioned that while OSHA has not released a formal timeline to propose the rule, it has scheduled a Small Business Regulatory Enforcement Fairness Act consultation this year, while seven state attorneys general recently petitioned OSHA to adopt an emergency rule on heat danger that would protect workers in advance of the permanent standard. He also noted OSHA’s National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards, which sets up objective criteria for targeting heat inspections and procedures for conducting them.

Manesh followed up by stating that employers should consider whether their industries could be targeted by the NEP and institute protocols for hot days including more frequent breaks and availability of water and shade, as well as adding training programs. “I think those will be the basis on which OSHA will decide whether or not to issue citations,” said Manesh.

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