ACD Press Release

ACD Member Palmer Logistics Testifies Before OSHA on Proposed Heat Illness Standards

Today, Alliance for Chemical Distribution (ACD) member Brett Mears, President of Palmer Logistics, testified before the Occupational Safety and Health Administration (OSHA) about the overly prescriptive proposed rulemaking on heat injury and illness prevention in outdoor and indoor work settings.

The proposed rule, published in August 2024, would impose administrative regulatory burdens on small businesses and complicate processes for workers.

“ACD recognizes that workers are exposed to hazards when working in heat, and employers have an obligation to protect their employees,” Mears testified. “However, OSHA already has the authority to ensure employees are protected through the general duty clause, as shown by the agency’s active national emphasis program on heat-related hazards.”

In his testimony, Mears outlined three overlooked consequences of the proposed heat illness standards:

1. The low heat threshold is especially burdensome, requiring employers to incorporate the rule’s provisions for the majority of the year in hotter regions rather than periods during which heat reaches regionally high levels. This is especially burdensome for companies located in warmer climates, like Palmer Logistics’ headquarters in Texas.
2. The one-size-fits-all approach makes no distinction between industries. Low-risk industries, like traditional warehouse employers, and high-risk industries, like roofing companies that require their employees to perform strenuous manual labor in direct sunlight, would be subject to the same regulatory requirements.
3. The mandated, rigid provisions would pose significant compliance challenges for employers and interfere with worker autonomy while duplicating existing OSHA regulations under the general duty clause.

Mears concluded, “As written, the proposal threatens to bury employers in red tape while doing little to protect the workers it aims to help.”

To read the full testimony, click here.

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The Alliance for Chemical Distribution (ACD) partners with our more than 400 chemical distribution industry members to provide the education, connection, standards, and advocacy they need to responsibly move the essential products our world depends on. As leaders in the $27B+ chemical distribution industry, ACD member companies commit to the highest standards in quality, safety, sustainability, and performance through ACD Responsible Distribution^TM. For more information, visit www.acd-chem.com.