On Tuesday, July 1, Brewers Association (BA) Vice President of Government Affairs Marc Sorini testified at a hearing on a proposed Occupational Safety and Health Administration (OSHA) rule on heat injuries and illnesses. The rule would impose a variety of safety standards on employers of workers who may face exposure to high or very high temperatures—defined as above 80º and 90º Fahrenheit. The rule accordingly would cover most brewers as the brewing process creates a heat source within the brewery, and many outdoor retail areas will exceed the threshold during warmer months.

The rule was proposed near the end of the last administration and the BA had already provided OSHA with written comments. Although some expected the current administration to quickly rescind the rule, it appears that the Trump Administration is more interested in modifying the heat rule than in killing it outright. During testimony, the BA questioned the continued viability of the rule considering the administration’s mandate to agencies to repeal ten rules for every one adopted. The BA also pointed out provisions of the rule that would be particularly unfavorable to small businesses, such as the fatally ambiguous mandate that employers provide rest breaks “as needed.”

During the hearing, OSHA officials asked multiple questions, and the BA plans to follow up with additional information to help inform OSHA and protect the interests of small and independent brewers. Notably, during the question-and-answer period with another witness, an OSHA official referred to the BA’s written comments, showing that OSHA pays attention to the concerns of our industry.