Employers should be aware of recent congressional activity concerning federal workplace heat-safety requirements. The Heat Workforce Standards Act of 2026 (S. 4427) has been introduced in the U.S. Senate, with companion legislation H.R. 6213 advancing in the House. The legislation would prohibit the U.S. Department of Labor from finalizing, implementing, or enforcing OSHA’s proposed heat injury and illness prevention standard, as well as substantially similar future standards. 

The legislation has not become law. Employers should therefore continue to monitor developments, but no new nationwide OSHA heat-specific standard is currently enforceable. 

What Is OSHA’s Current Position? 

Even though there is currently no federal OSHA-specific heat standard, employers still have obligations under OSHA's General Duty Clause of the Occupational Safety and Health Act. OSHA may investigate heat-related conditions as part of an employee complaint, an OSHA inspection, or other enforcement activity. If OSHA determines that employees are exposed to a recognized heat hazard that is causing or likely to cause serious physical harm and that feasible measures exist to address the hazard, the employer may be cited under the General Duty Clause. 

In August 2024, OSHA published a proposed Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings standard. The proposal would generally require employers to establish a written heat injury and illness prevention plan and implement measures addressing heat hazards, including hazard identification, heat controls, acclimatization, employee and supervisor training, and emergency response. The proposal would apply broadly to general industry, construction, maritime, and agricultural workplaces. 

Because the proposal has not been finalized, employers are not currently required to comply with the proposed federal standard solely because it was published. 

State Heat-Safety Requirements Remain in Effect 

Several states have adopted their own workplace heat requirements. Requirements vary considerably by State and may apply to outdoor work, indoor work, or both. 

• California requires heat-illness prevention measures for outdoor workplaces and, since 2024, most indoor workplaces where temperatures reach 82°F. Requirements include water, shade or cool-down areas, rest, training, and written procedures. 

  
  

• Maryland's heat-stress standard, effective September 30, 2024, applies when the heat index reaches 80°F or higher and includes requirements for monitoring, written prevention and management plans, and high-heat procedures. 

  
  

• Minnesota has an indoor heat standard based on work activity and Wet Bulb Globe Temperature (WBGT). Minnesota OSHA confirms that there is currently no Minnesota or federal OSHA standard specifically addressing outdoor heat. 

  
  

• Oregon requires heat-illness prevention measures when the heat index reaches 80°F, including water, shade, rest, acclimatization, training, communication, and emergency planning. Additional requirements apply above 90°F. 

  
  

• Washington's outdoor heat rules generally begin at 80°F and include water, shade or cooling methods, preventative cool-down periods, employee observation, and additional mandatory cool-down periods at 90°F and 100°F. 

  
  

Recommended Employer Action 

Government contractors and other employers with employees working across multiple states should: 

• evaluate heat exposure based on the employee's work location and applicable state requirements 

  
  

• maintain reasonable heat-safety practices appropriate to their operations, particularly for employees performing outdoor, physically demanding, or work in areas without effective climate control 

  
  

• at a minimum consider access to drinking water, appropriate rest or cool-down opportunities, shade or other cooling methods, employee training, acclimatization for employees new to hot conditions, and procedures for responding to signs of heat illness 

C2 Essentials will continue monitoring the federal legislation and developments affecting state heat-safety requirements. Additional guidance will be provided if the federal legislation advances or OSHA's proposed rule changes.