January 13, 2025 
4 min read 
Share The Occupational Safety and Health Act of 1970, also known as the Williams-Steiger Act, was signed into law by President Richard Nixon on December 29, 1970. The Occupational Safety and Health Administration (OSHA) was established within the United States Department of Labor on April 28, 1971. The act was established within the United States Federal Government to protect workers from job-related injuries, illnesses, and deaths within the workplace. Over the course of the past 55 years, OSHA’s legislative laws have protected the workforce. However, many of these proposed labor rules sit in dormancy until passed, updated, and/or dismissed by the federal government.
For 2025 several OSHA updates are of specific interest, Proposed Ruling – Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings and a Final Ruling on Personal Protective Equipment for Construction Workers.
Proposed Ruling – Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings
In August of 2024, OSHA proposed a notice of rulemaking for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. This federal heat standard would protect workers performing work during elevated heat conditions for their employers in all general industries, 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. This standard would clarify employer obligations and the steps necessary to protect employees from hazardous heat. The proposed standard is located under the federal registry. Currently, the standard is under review and is posted for public review and comments until January 14, 2025. However, there is no guarantee that the standard will pass under the incoming administration, so stay tuned.
Final Ruling – Personal Protective Equipment for Construction Workers
On December 11, 2024, OSHA issued a statement that it had finalized a rule amending 29 C.F.R. 1926.95(c) to require construction employers to make personal protective equipment (PPE) available that “properly fits” their employees. This added language to the construction standard ensuring that the PPE is available and properly fits reflects the current PPE requirements found in the 1910 general industry and shipyard standards. OSHA’s claim is that this update addresses “smaller construction workers,” particularly women. However, with this final ruling there is pushback from industry regarding the term “properly fits” and what that means. OSHA dismissed this issue stating that employers in general industry have had no issue understanding what “properly fits” means with regard to PPE, which is that employees understand how to properly put on PPE, adjust it, wear it and take if off with the understanding of the limitations of the PPE. However, the American Industrial Hygiene Association (AIHA) has recommended that an operational definition for “properly fits” be established for determination of compliance and the National Institute for Occupational Safety and Health (NIOSH) agreed with OSHA, but noted the term was not universally understood. Regardless, the construction industry is obligated to adhere to the final rule regarding PPE. As discussed above, it is recognized that ultimately there is a likelihood that the incoming administration may roll back the rule. Nonetheless, the construction industry should still be mindful that the effective date for the PPE Final Rule is January 13, 2025.
Whether it is a legal duty or otherwise to reasonably provide for worker safety, these safe practices should be addressed at worksites. This benefits both the worker and their employer.
Assessing and understanding these new updates and final OSHA rulings can be successfully accomplished by working with professionals, such as a Certified Industrial Hygienist or Certified Safety Specialist to navigate you through the ins and outs of OSHA’s Safety Standards and Regulations.
