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A second Donald Trump presidency will likely mean the death of OSHA’s Newly Published Thermal Safety Rulebut that doesn’t necessarily mean no standards will be adopted, experts told Construction Dive.

The agency published the proposed rule and began accepting public comments this summer. This period will end on December 30. It would then take several months for OSHA to review all input, finalize the rule, and put it into effect, Phillip Russell, OSHA and employment attorney, litigator, and consultant for Washington, DC, said. Ogletree-based company Deakins, told Construction Dive.

“But obviously January 20 will come, and I don’t think that’s going to happen,” Russell said.

Ashley Brightwell, a partner in Atlanta-based Alston & Bird’s Labor and Employment Group, called finalizing the rule “highly unlikely” before Biden leaves office. The standard would also face parliamentary and legal challenges, and the Trump administration could abandon the rulemaking process altogether, she said.

The 1,000-page rule requires a heat injury and illness prevention plan that employers should implement in the event of a heat outbreak – when temperatures reach 80 degrees F or a wet bulb temperature equal to the alert limit recommended by NIOSH. Employers would have more requirements to protect workers during high heat outbreaks, when temperatures reach 90 degrees or higher.

HIIPP mandates would include worker training, access to water and shade, a designated thermal safety coordinator, and clear communication of the plan in all languages ​​spoken at work.

Critics say the specifics of the standard would make it too cumbersome and difficult to implement.

“I think this one was too detailed, too problematic to comply with, I think it set up employers for failure,” Russell said.

However, the absence of a new rule does not mean that there are no thermal safety requirements. OSHA’s National Emphasis Program — which reinforces the credo of water, rest, shade and heat inspections — remains in effect through April, Brightwell said. Additionally, the general duty clause requires employers to reduce and respond to hazards. So, generally speaking, contractors should ensure that workers are protected in extreme conditions, such as high heat.

Brightwell predicted fewer regulatory actions during Trump’s second term. But Russell said the president enjoys more populist support than in his first term, so businesses shouldn’t expect there to be no rules.

“I tell clients not to rely on there being no standard, but I think it’s reasonable to assume that this standard is DOA,” he said.