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[Federal Register Volume 89, Number 230 (Friday, November 29, 2024)]
[Proposed Rules]
[Pages 94631-94632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27897]

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DEPARTMENT OF LABOR

[Docket No. OSHA-2021-0009]

Occupational Safety and Health Administration

29 CFR Part 1910, 1915, 1917, 1918, 1926, and 1928

RIN 1218-AD39

Heat Injury and Illness Prevention in Outdoor and Indoor Work 
Settings

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Notice of proposed rulemaking (NPRM); extension of comment 
period; notice of informal hearing.

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SUMMARY: OSHA is extending the period for submitting comments by 15 
days until January 14, 2025, to allow stakeholders interested in the 
NPRM on Heat Injury and Illness Prevention in Outdoor and Indoor Work 
Settings additional time to review the NPRM and collect information and 
data necessary for comment. In addition, OSHA is scheduling an informal 
public hearing on this proposed rule. The public hearing will begin 
June 16, 2025. The proposed rule was published in the Federal Register 
on August 30, 2024.

DATES: The comment period for the NPRM that was published at 89 FR 
70698 on August 30, 2024, is extended. Comments on any aspect of the 
NPRM must be submitted by January 14, 2025.
    Informal public hearing: The hearing will be held virtually and 
will begin June 16, 2025, at 9:30 a.m. If necessary, the hearing will 
continue on subsequent weekdays. Additional information on how to 
access the informal hearing will be posted at https://www.osha.gov/heat-exposure/rulemaking. To testify or question other witnesses at the 
hearing, interested persons must electronically submit their Notice of 
Intention to Appear (NOITA) on or before May 2, 2025. In addition, 
those who request more than 10 minutes for their presentation at the 
informal hearing and those who intend to submit documentary evidence at 
the hearing must submit the full text of their testimony, as well as a 
copy of any documentary evidence, no later than May 23, 2025.

ADDRESSES: 
    Submission of comments: You may submit comments and attachments, 
identified by Docket No. OSHA-2021-0009, electronically at 
www.regulations.gov, which is the Federal e-Rulemaking Portal. Follow 
the online instructions for making electronic submissions. The Federal 
e-Rulemaking Portal at www.regulations.gov is the only way to submit 
comments on this NPRM.
    Notice of Intention to Appear (NOITA): A NOITA must be submitted 
electronically at www.osha.gov/heat-exposure/rulemaking. Follow the 
instructions online for making electronic submissions. Those who file 
NOITAs must also submit electronic copies of all documents that they 
intend to use or reference during their testimony. Information about 
how and when to submit these materials will be provided at the time of 
registration.
    Instructions: All submissions must include the agency's name and 
the docket number for this rulemaking (Docket No. OSHA-2021-0009). All 
comments, including any personal information you provide, are placed in 
the public docket without change and may be made available online at 
www.regulations.gov. Therefore, OSHA cautions commenters about 
submitting information they do not want made available to the public or 
submitting materials that contain personal information (either about 
themselves or others), such as Social Security Numbers and birthdates.
    Docket: To read or download comments or other material in the 
docket, go to Docket No. OSHA-2021-0009 at www.regulations.gov. All 
comments and submissions are listed in the www.regulations.gov index; 
however, some information (e.g., copyrighted material) is not publicly 
available to read or download through that website. All comments and 
submissions, including copyrighted material, are available for 
inspection through the OSHA Docket Office. Documents submitted to the 
docket by OSHA or stakeholders are assigned document identification 
numbers (Document ID) for easy identification and retrieval. The full 
Document ID is the docket number plus a unique four or five-digit code. 
OSHA is identifying supporting information in this NPRM by author name 
and publication year, when appropriate. This information can be used to 
search for a supporting document in the docket at www.regulations.gov. 
Contact the OSHA Docket Office at 202-693-2350 (TTY number: 877-889-
5627) for assistance in locating docket submissions.

FOR FURTHER INFORMATION CONTACT: 
    For press inquiries, ASL interpretation, and language translation 
service requests: Contact Mr. Frank Meilinger, Director, Office of 
Communications, Occupational Safety and Health Administration, U.S. 
Department of Labor; telephone: (202) 693-1999; email: 
[email protected].
    For general information, technical, and hearing inquiries: Contact 
James Frederick, Deputy Assistant Secretary of Labor for Occupational 
Safety and Health, Occupational Safety and Health Administration, U.S. 
Department of Labor; telephone: (202) 693-1950; email: 
[email protected].

SUPPLEMENTARY INFORMATION: 
    On August 30, 2024, OSHA published in the Federal Register a Notice 
of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in 
Outdoor and Indoor Work Settings. The proposed standard would apply to 
all employers conducting outdoor and indoor work in all general 
industry, construction, maritime, and agriculture sectors where OSHA 
has jurisdiction. The standard would require employers to create a plan 
to evaluate and control heat hazards in their workplace. It would 
clarify employer obligations and the steps necessary to effectively 
protect employees from hazardous heat.
    The public comment period for the NPRM was to close on December 30, 
2024, 120 days after publication of the NPRM. However, OSHA received 
requests from stakeholders to extend the public comment period (see, 
e.g., Document ID 18667, 18380, 18373, 18664). Stakeholders requested 
additional time to carefully review the questions in the NPRM, gather 
data, and prepare their submissions. Several noted that the current 
deadline falls during the holiday season, when personal schedules may 
make finalizing comments difficult.
    OSHA agrees to an extension of the public comment period and 
believes a 15-day extension is sufficient and appropriate to balance 
the agency's need for stakeholder input with the agency's desire to 
proceed with the rulemaking in a timely manner. The comment period 
extension will also avoid the comment deadline falling during the 
holiday season. Therefore, OSHA is extending the public comment period 
until January 14, 2025.
    Additionally, several commenters (see, e.g., Document ID 18377, 
18373, 18345) requested that OSHA hold a public hearing. OSHA agrees to 
hold a fully virtual public hearing, which will begin June 16, 2025, 
and continue on

[[Page 94632]]

subsequent weekdays, if necessary. Witnesses are welcome to testify 
about any topics, issues, or concerns they have with the proposed rule.

I. Informal Public Hearing--Purpose, Rules and Procedures

    OSHA invites interested persons to participate in this rulemaking 
by providing oral testimony and documentary evidence at the informal 
public hearing to provide the agency with the best available evidence 
to use in developing a final rule. The public hearing will be fully 
virtual to provide the opportunity for more stakeholders from across 
the country to participate in and/or observe the hearing without the 
financial and logistical burden of traveling to Washington, DC to 
attend in person.
    Pursuant to 29 CFR 1911.15(a) and 5 U.S.C. 553(c), members of the 
public have an opportunity at the informal public hearing to provide 
oral testimony and evidence on issues raised by the proposal. An 
administrative law judge (ALJ) will preside over the hearing and will 
resolve any procedural matters relating to the hearing.
    OSHA's regulation governing public hearings (29 CFR 1911.15) 
establishes the purpose and procedures of informal public hearings. 
Although the presiding officer of the hearing is an ALJ and questioning 
of witnesses is allowed on crucial issues, the proceeding is largely 
informal and essentially legislative in purpose. Therefore, the hearing 
provides interested persons with an opportunity to make oral 
presentations in the absence of rigid procedures that could impede or 
protract the rulemaking process. The hearing is not an adjudicative 
proceeding subject to the Federal Rules of Evidence. Instead, it is an 
informal administrative proceeding convened for the purpose of 
gathering and clarifying information. Accordingly, questions of 
relevance, procedure, and participation generally will be resolved in 
favor of developing a clear, accurate, and complete record.
    Although the ALJ presiding over the hearing makes no decision or 
recommendation on the merits of the proposal, the ALJ has the 
responsibility and authority necessary to ensure that the hearing 
progresses at a reasonable pace and in an orderly manner. To ensure a 
full and fair hearing, the ALJ has the power to regulate the course of 
the proceedings; dispose of procedural requests, objections, and 
comparable matters; confine presentations to matters pertinent to the 
issues the proposed rule raises; use appropriate means to regulate the 
conduct of persons present at the hearing; question witnesses and 
permit others to do so; limit the time for such questioning; and leave 
the record open for a reasonable time after the hearing for the 
submission of additional data, evidence, comments, and arguments from 
those who participated in the hearing (29 CFR 1911.16). In addition, 
pursuant to 29 CFR 1911.4, the Assistant Secretary may, on reasonable 
notice, issue additional or alternative procedures to expedite the 
proceedings, to provide greater procedural protections to interested 
persons, or to further any other good cause consistent with applicable 
law.
    At the close of the hearing, there will be a post-hearing comment 
period during which those persons who submitted a NOITA may submit 
final briefs, arguments, summations, and additional data and 
information to OSHA.

II. Notice of Intention To Appear at the Hearing

    Interested persons who intend to provide oral testimony or 
documentary evidence at the hearing must file a written NOITA prior to 
the hearing and in accordance with the instructions in the ADDRESSES 
section earlier in this document. To testify or question other 
witnesses at the hearing, interested persons must electronically submit 
their NOITA on or before May 2, 2025. The NOITA must provide the 
following information:
    (1) Name, address, email address, and telephone number of each 
individual who will give oral testimony;
    (2) Name of the establishment or organization each individual 
represents, if any;
    (3) Occupational title and position of each individual testifying; 
and
    (4) A brief statement of the position each individual will take 
with respect to the issues raised by the proposed rule.
    The agency will consider the information in each submission when 
setting the hearing schedule. Before the hearing, OSHA will make the 
hearing procedures and hearing schedule available at https://www.osha.gov/heat-exposure/rulemaking and in the docket. OSHA 
emphasizes that the hearing is open to the public; however, only 
individuals who file a NOITA may testify at the hearing.
    Witnesses will be asked to specify the approximate amount of time 
requested for each individual or group's testimony (5, 10, 15, or 20 
minutes). Individuals or groups who request more than 10 minutes to 
present their oral testimony at the hearing or who will submit 
documentary evidence at the hearing must submit the full text of their 
testimony and all documentary evidence no later than May 23, 2025. The 
agency will review each submission and determine if the information it 
contains warrants the amount of time the individual requested for the 
presentation. If OSHA believes the requested time is excessive, the 
agency will allocate an appropriate amount of time for the 
presentation. The agency also may limit to 5 minutes the presentation 
of any participant who fails to comply substantially with these 
procedural requirements and may request that the participant return for 
questioning at a later time. Before the hearing, OSHA will notify 
participants of the time the agency will allow for their presentation 
and, if less than requested, the reasons for its decision.

III. Certification of the Hearing Record and Agency Final Determination

    Following the close of the hearing and the post-hearing comment 
period, the ALJ will certify the record to the Assistant Secretary of 
Labor for Occupational Safety and Health. The record will consist of 
all written comments, oral testimony, and documentary evidence received 
during the proceeding. The ALJ, however, will not make or recommend any 
decisions as to the content of the final standard. Following 
certification of the record, OSHA will review all the evidence received 
into the record and will issue the final rule based on the record as a 
whole.
Authority and Signature
    This document was prepared under the direction of Douglas L. 
Parker, Assistant Secretary of Labor for Occupational Safety and 
Health, U.S. Department of Labor, 200 Constitution Avenue NW, 
Washington, DC 20210. It is issued under the authority of sections 4, 
6, and 8 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 
653, 655, 657); 5 U.S.C. 553; Secretary of Labor's Order No. 8-2020 (85 
FR 58393); and 29 CFR part 1911.

    Signed at Washington, DC, on November 20, 2024.
Douglas L. Parker,
Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2024-27897 Filed 11-27-24; 8:45 am]
BILLING CODE 4510-26-P
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