The federal Occupational Safety and Health Administration shows few signs of progress in finalizing proposed regulations intended to address risks associated with employee exposure to hot working conditions. This delay is not surprising given the anti-regulatory position espoused by the current administration. However, OSHA may have surprised some employers and employee advocacy groups by announcing an extension to its National Emphasis Program (NEP) on Outdoor and Indoor Heat-Related Hazards through April 2026.
The heat NEP was issued in 2022 in advance of the proposed nationwide standard. It instructs OSHA investigators to review employee exposure to illness or injury associated with heat exposure, which can be cited under the OSH Act’s General Duty Clause. In its announcement of the NEP extension, OSHA stressed consultation with and assistance to employers in providing safer work environments, including providing breaks, drinking water, employee training, and acclimatizing new employees to hot work environments. These recommendations are similar to the steps that would be mandated under the proposed national rules.
The NEP focuses on a number of industries, including manufacturing, retail, construction, landscaping, and restaurants. Employers with workers exposed to hot environments should have in place policies and processes to assess weather conditions and take steps to monitor and address potential health risks to employees working in elevated temperatures. While some state OSHA enforcement programs have promulgated heat injury rules, employers face potential inspections and citations from federal OSHA even in the absence of such rules.
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