Post-hearing Brief to the U.S. Occupational Safety and Health Administration Regarding Heat in the Workplace

CLX Director of Programs Ashley Otilia Nemeth and Latino Justice PRLDEF Chief of Advocacy Anita Teekah submitted a post-hearing brief to the U.S. Occupational Safety and Health Administration (OSHA) regarding the proposed rule Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.

The brief was submitted in response to questions posed by OSHA during hearings that took place in June and July 2025. CLX and LatinoJustice PRLDEF’s participation in the hearings included testimony from the Federación de Maestros de Puerto Rico (Teachers’ Federation of Puerto Rico), elevating the disproportionate impact that public school teachers bear in Puerto Rico while teaching in classrooms without air conditioning.

The proposed standard would clarify employer obligations and the steps necessary to effectively protect employees from hazardous heat. The proposed standard would apply to all employers conducting outdoor and indoor work in sectors where OSHA has jurisdiction, with the ultimate goal of preventing and reducing the number of occupational injuries, illnesses, and fatalities caused by exposure to hazardous heat.

Relying on the best available science, existing state rules, and feedback from community partners, the brief provided recommendations on how to revise the rule to better protect workers exposed to hazardous heat and shared information about the lived experience of public school teachers in Puerto Rico. CLX Director of Programs Ashley Otilia Nemeth supported this effort in her capacity as Adjunct Professor of Clinical Law for the Earth Rights Research & Action (TERRA) Clinic at NYU Law and was assisted by law students Sara Blomquist and Michelle Howard.