Contractor groups have criticized the proposed rule for using what they call “a one-size-fits-all approach” to heat safety. Rather than prescriptive measures, groups including the Associated General Contractors of America and the Associated Builders and Contractors have called on OSHA to implement performance-based requirements in the standard because of the many variables within the construction industry.

“OSHA should recognize, and I believe has recognized in the past, that the construction industry faces unique challenges compared to those in other industries,” said Kevin Cannon, director of safety and health services at AGC.

Because of those unique challenges, Cannon said construction should be exempt from the temperature recordkeeping requirements included in the proposed rule.

“Our belief is that this data has limited utility in predicting environmental conditions on future projects and would not necessarily be considered representative sampling or objective data,” he said.

Contractors have also sought more flexibility based on typical regional weather. With an initial trigger at 80°F under the proposed rule, employers would need to provide water, a break area and acclimatization for new or returning workers. At 90°F, employers would also have to provide 15-minute rest breaks every two hours and implement a supervisor or buddy system to observe for heat-related health symptoms.

Provisions like those setting rules for rest breaks “are impractical and would be exceedingly difficult to manage on construction sites due to time and schedule-based activity interdependencies,” said Joe Xavier, senior director of health and safety at ABC. As an example, he talked about the complications the rule would add for crews placing concrete. The mandatory breaks could cause a strain for contractors managing the timing of trucks, the concrete pour rate and other factors. And in vertical construction, crews working on swing stage scaffolds on tall buildings could spend more time getting to a preset break location than taking the break itself, Xavier added.

“ABC recommends that OSHA allows supervisors and employees to work together and coordinate safe approaches for rest breaks focusing on individual employees’ needs, the nature of the work and the specific workplace conditions,” he said.

In addition to seeking more flexibility in the rule, some contractors have also suggested OSHA issue a separate rule for construction heat safety because of the industry’s unique factors.