October 13, 2026 Don’t Wait for OSHA: Start Protecting Workers From Heat

Don’t wait for passage of federal OSHA’s proposed heat rule to start protecting workers from the heat and heat-related illnesses.

By Felicia Watson and Pete Vassalo

Key Takeaway

The process of promulgating a federal law takes years, but your workers need protection today. Learn how to help keep your workers safe from the sun and heat now, so that they aren’t suffering—and you’re not at increased risk—in the interim.

Even as fall begins to set in and most of the country is seeing cooler outdoor temperatures, OSHA’s proposed heat illness protection standard remains top of mind.

The Occupational Safety and Health Administration (OSHA) first published an advance notice of proposed rulemaking in 2021, https://www.regulations.gov/docket/OSHA-2021-0009, seeking public input on heat injury and illness in outdoor and indoor workplaces. Five years on, OSHA has issued a proposed rule, collected numerous comments, held informal public hearings with more than two weeks of testimony, and received additional submissions from various groups following those hearings. All in all, the documents in OSHA’s regulatory docket encompass more than 24,000 submissions.

Many wonder why it’s taking so long for the federal government to act, particularly since OSHA considers heat injury and illness a recognized workplace hazard. The answer to that question is not an easy one. Not only does OSHA have numerous legal requirements in its rulemaking process that go above and beyond typical Administrative Procedure Act provisions, but it also has ongoing internal staffing challenges that can serve to prolong the process. Despite these barriers, OSHA’s political leadership has publicly stated that finalizing a heat standard prior to the end of the Trump administration is an agency priority and appears on the current OSHA Regulatory Agenda. Agency Rule List – 2026 .  However, as 2026 draws to a close, the current OSHA leadership is running out of time to finalize a rule during this administration.  As there will be new leadership in 2029 regardless of the outcome of the 2028 elections to ensure that a new rule will stick, OSHA will need to have something out by mid-2028 to ensure that any new standard is not stricken by Congress under the Congressional Review Act.

Rather than waiting for OSHA to issue a final rule, employers should be taking proactive steps to implement policies and procedures that educate workers on how to recognize and mitigate heat-related hazards.  Indeed, OSHA has the ability, confirmed by the courts, to enforce the General Duty Clause for heat hazards and continues to do so pursuant to its current National Emphasis Program (NEP) for Outdoor and Indoor Heat-Related Hazards. CPL 03-00-024 NEP – Outdoor and Indoor Heat-Related Hazards. In April, OSHA updated and extended the NEP an additional five years; it also provided a roadmap for how OSHA will conduct an inspection related to heat hazards.

Even though seasonal cooler temperatures would mitigate the need for a robust heat program in the short term, in many locations heat hazards are a factor year-round and in the rest of the country, warmer temperatures are guaranteed to return in the not-so-distant future.  In fact, the cooler months of the year will give employers the opportunity to develop and train on protective measures so they will be in place when hot temperatures inevitably return.  Employers should consider the following tips to discover and manage potential heat hazards at their workplaces, starting today.

Heat Exposure Risks

• Companies should assess their worksites to better understand where heat exposures can occur. For outdoor employees, exposures might be more obvious because they are working under the blazing sun. For indoor employees, the risks are just as great, albeit less obvious, such as exposure to work alongside heat-generating equipment or machines, or in areas with no mechanical ventilation.
• Companies need to take into account in their personal protective equipment hazard assessments that work uniforms or other clothing employees may wear to work, may trap heat (e.g., heavy-duty gloves, heavy jackets and FR/AR protective layers).

Water and Hydration

• Ensure adequate supplies of water are available and encourage employees to stay hydrated throughout their workday.
• Allow employees to take water breaks as needed.
• Provide electrolytes to help employees replace lost vitamins and minerals due to sweating or exertion but remind them that these drinks should not replace cool water.
• Emphasize that drinks containing caffeine (e.g., energy drinks, sodas, coffee and tea) may dehydrate rather than hydrate.
• Educate employees that certain personal risk factors and/or the use of prescription medication may require them to consume more water.

Rest Breaks

• In addition to regularly scheduled rest breaks, companies should allow employees to take cool-down breaks as needed when the heat index is 80° Fahrenheit or greater, and more frequently as temperatures exceed 90° F.
• Let employees know that cooldown rest breaks can be combined with meal breaks.

Shade or Cooldown Areas

• Ensure employees working outside have adequate access to shaded areas or cooling-off locations that are out of direct sunlight or away from exposure to heat sources, such as machines or equipment.
• If feasible, companies can provide access to cooldown areas with air conditioning as an option.
• For employees working indoors in unairconditioned spaces, companies could provide cooling fans to help increase ventilation or direct employees to places where they can cool off, such as an ai-conditioned break room.

Training

• Provide training for all employees so they can recognize the signs and symptoms of heat-related illness in themselves and their co-workers.
• Remind employees that certain medications and/or underlying medical conditions can increase their risk of susceptibility to heat-related illnesses.
• Go through the recommended first aid steps so employees know what to do. These are available from OSHA at https://www.osha.gov/heat-exposure/illness-first-aid.
• Understand that heat illness can quickly become an emergency, so companies should establish procedures for employees to know what to do if they or their co-workers experience a heat-related illness.

Personal Risk Factors

• New and returning employees may need time to adjust to the working conditions during hot temperatures.
• Certain medications and medical conditions can increase the risk of heat stress. Employees should check with their primary care provider to discuss whether they are at risk for heat-related illness.
• In addition, alcohol, cannabis and other substances can create greater risks for heat-related illnesses.

Emergency Response

• Move the person to an air conditioned or shaded area and have them sip cool water or electrolyte drink.
• Remove any personal protective equipment that may be holding in heat.
• Apply cool water, wet cloths or ice directly to the skin.
• Do not leave the employee alone and follow emergency protocols.
• Call 911 if you think symptoms or signs could be severe heat illness.

In addition, employers can review the guidance currently available from federal OSHA Heat – Overview: Working in Outdoor and Indoor Heat Environments | Occupational Safety and Health Administration as well as from the Centers for Disease Control and Prevention and the National Institute for Occupational Safety and Health (NIOSH). Heat Stress and Workers | Heat Stress | CDC.  OSHA and NIOSH have also developed a Heat Safety Tool OSHA NIOSH Heat Safety Tool – Heat.gov that companies can use when they are planning outdoor work activities.

Aside from federal OSHA compliance obligations, several states with their own OSHA-approved state plans have implemented regulations for heat injury and illness procedures, including having a written plan for water, rest breaks, shade, acclimatization for new and returning workers, and training requirements. For companies with operations in multiple states, safety policies need to stay abreast of the different requirements that may apply. For example, California, Oregon, Washington, Maryland, Minnesota, Colorado and Nevada have specific requirements depending on the type of work location (e.g., indoor, outdoor, both and agriculture only). In addition, other state and local governments, such as New York City, are actively considering legislation addressing heat hazards to bridge the regulatory gap that currently exists prior to OSHA’s finalization of a heat standard. There are widely recognized steps, including those above, that employers and employees can take now to help keep workers safe. By being proactive and educating themselves and their employees, companies can better understand and mitigate the heat-related illness risks their employees may encounter during the summer months, or anytime they’re working in the heat.

About the Authors:

Peter Vassalo is a Senior Counsel with Littler Mendelson, PC’s Washington DC Office where he counsels employers in all aspects of OSHA compliance as well as assisting in navigating and OSHA complaints and inspections and resolving any subsequent OSHA citations.  Prior to joining Littler, Peter served for 27 years as an attorney with the Department of Labor Office of the Solicitor, where he served as OSHA’s primary enforcement attorney as Counsel for Special Litigation.  Peter Vassalo | Littler

Felicia Watson is a Senior Counsel with Littler Mendelson, PC’s Washington DC Office where she counsels employers in all aspects of OSHA compliance including developing regulatory policy, responding to OSHA complaints, inspections, and subsequent enforcement actions. Prior to joining Littler, Felicia served as an Assistant Vice President with the National Association of Home Builders where she worked on a variety of legal issues including workplace safety, construction liability, preparing  regulatory comments, and international trade matters affecting residential construction. Felicia Watson | Littler

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