Summer is approaching, and the Occupational Safety and Health Administration (OSHA) has renewed its Outdoor and Indoor Heat-Related Hazards National Emphasis Program (NEP) of outreach and enforcement.
The new NEP replaces and updates a 2022 directive aimed at protecting workers from outdoor and indoor heat-related hazards, directing agency resources to where they can have the greatest impact by focusing inspections and outreach on industries and workplaces where heat stress risks are most likely to occur.
Heat illness remains a serious hazard for indoor and outdoor workers, according to the agency, resulting in preventable injuries and fatalities each year. Ensuring employers take the necessary steps to safeguard workers is essential, the agency said in a statement, and the updated program allows OSHA to better focus on outreach, compliance assistance, and enforcement in high-risk industries and to promote effective prevention practices.
The updated NEP uses OSHA and Bureau of Labor Statistics (BLS) data from calendar years 2022 to 2025 to set inspection priorities for 55 high-risk industries across indoor and outdoor work settings.
In addition to the updated target industries list, the new directive made several significant changes, including the following:
- Removing outdated background information and references,
- Updating links,
- Revising inspection goals,
- Reorganizing and adding an appendix on evaluating heat programs (Appendix I),
- Reorganizing and adding citation guidance (Appendix J),
- Adding coding for worksite assistance, and
- Adding coding for unprogrammed emphasis hazards.
The agency removed 46 industries targeted by its original 2022 NEP, retained 33, and added 22 for a total of 55 targeted industries. Criteria for industry targeting included the following:
- High numbers or high incidence rates of heat-related illnesses from BLS data for calendar years 2021 to 2024;
- Elevated number of days away, restricted, or transferred in calendar years 2021 to 2024;
- High numbers of severe cases of heat-related illnesses, as indicated by death or hospitalization, from OSHA severe injury reports made by employers for calendar years 2021 to 2024; or
- OSHA heat-related inspections of establishments with issued heat-related General Duty Clause (Section 5(a)(1)) violations and hazard alert letters (HALs) in calendar years 2022 to 2025.
The updated NEP targets several types of construction, including residential and nonresidential building construction; highway, street, and bridge construction; and utility systems construction.
It also targets specialty contractors that include:
- Foundation, structure, and building exterior contractors;
- Building equipment and building finishing contractors; and
- Other special trade contractors.
The NEP targets nonconstruction industries across the agricultural, manufacturing, retail trade, transportation, warehousing, and storage sectors, which include the following:
- Cattle ranching and farming, hog and pig farming, and support activities for crop production;
- Animal slaughtering and processing, cheese manufacturing, and bakeries and tortilla manufacturing;
- Cement and concrete product manufacturing, clay product and refractory manufacturing, petroleum and coal products manufacturing, plastic product manufacturing, and sawmills and wood preservation;
- Architectural and structural metals manufacturing, electrical equipment manufacturing, foundries, metalworking machinery manufacturing, motor vehicle body and trailer manufacturing, nonferrous metal (except aluminum) production and processing, steel product manufacturing from purchased steel, and other furniture-related product manufacturing;
- Department stores; grocery and related product merchant wholesalers; and machinery, equipment, and supplies merchant wholesalers;
- General freight trucking, scheduled air transportation, support activities for air transportation, support activities for rail transportation, support activities for road transportation, and support activities for water transportation;
- Couriers and express delivery services, local messengers and local delivery, and warehousing and storage; and
- Automotive repair and maintenance, community food and housing, emergency and other relief services, services to buildings and dwellings (including landscaping services, tree removal, and tree trimming services), and waste collection.
Heat-related inspections have accounted for 6% of all federal inspections during the last five years, according to the agency, and have included both programmed (57%) and unprogrammed (43%) inspections.
OSHA stated that the goals of the updated emphasis program include:
- Reducing or eliminating worker exposures to heat-related hazards that result in illnesses, injuries, and deaths;
- Targeting industries and worksites, including those with radiant heat sources, where employees are exposed to heat-related hazards; and
- Focusing on workers who haven’t been provided adequate protection that includes cool water, rest, cool areas, training, and acclimatization.
Mitigation strategies are key in controlling the health hazards associated with heat exposures, according to OSHA. The agency expects to achieve the goals of its updated NEP through a combination of compliance assistance, outreach to employers, and enforcement (which includes targeted inspection). The agency’s enforcement will include follow-up inspections of worksites previously inspected and cited for heat-related hazards.
Area offices are expected to conduct follow-up inspections at workplaces previously inspected following a heat-related fatality that were issued citations to determine whether abatement of heat-related hazards was implemented. Follow-up inspections are also conducted for any establishment cited for serious heat-related violations or, in some cases, for other-than-serious citations.
Area offices may schedule follow-up inspections at workplaces under any of the following circumstances:
- The workplace previously received an other-than-serious recordkeeping violation for failure to record a heat-related illness or injury.
- A previously inspected employer continues to expose employees to heat-related hazards or hasn’t fully and properly implemented the required engineering controls, administrative controls, work practices, and personal protective equipment (PPE) noted in the abatement certification within the specified time period.
- A cited employer hasn’t provided verification of abatement of cited violations.
Compliance officers will continue to conduct outreach and compliance assistance and expand inspections when there’s evidence of heat-related hazards on heat priority days, when the heat index for the day is expected to be 80° F or more, according to OSHA. Agency compliance officers will also conduct random inspections focused on heat hazards in high-risk industries on days when the National Weather Service (NWS) issues a heat advisory or warning. Area offices have been instructed to conduct their scheduled inspections on any day the NWS issues a heat warning or advisory for the local area.
Area offices may conduct unprogrammed inspections in response to fatalities (which should be prioritized for inspection) or catastrophes, complaints, or referrals for any general industry, maritime, construction, or agricultural operation involving hazardous heat exposures (outdoors and/or indoors), regardless of whether the operation falls within a targeted industry of the NEP.
Small farming operations and small employers (employers that employ 10 or fewer employees) in low-hazard industries may be exempt under OSHA’s Appropriations Act.
Under a 2023 memorandum of understanding, the Labor Department’s Wage and Hour Division (WHD) can provide referrals to OSHA about heat-related hazards at workplaces.
Compliance safety and health officers (CSHOs) conducting inspections for other purposes may expand their inspection or refer a heat-related inspection when hazardous heat conditions are evident from “plain view” observations, heat-related injuries or illnesses have been recorded in OSHA forms 300 and 301, or employee statements. For example, an employee or a temporary worker reports being exposed to high-temperature conditions without adequate training, acclimatization, or access to water, rest, and shade.
During inspections for other purposes conducted on heat priority days, CSHOs should inquire whether any heat-related hazard prevention programs exist.
There’s no current federal heat illness prevention standard. OSHA issued a proposal on August 30, 2024, for a Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings standard. The agency has since held public hearings and accepted public comment on the proposal.
States, Especially California
California, Colorado, Maryland, Oregon, and Washington all have state heat illness prevention standards. Minnesota has a standard for both hot and cold working environments, and New Mexico issued a proposal last year for a heat stress prevention standard.
As summer approaches, California’s Division of Occupational Safety and Health (Cal/OSHA) is preparing agricultural workers and employers for the heat season through education and outreach efforts.
The state has an Agricultural Enforcement Task Force protecting workers in California’s agricultural industry through targeted education, outreach, and inspections, according to the agency. The task force is designed to reach workers in key agricultural regions throughout the state and includes collaboration with community and industry groups.
All state rules have similar requirements for water, rest, and shade, as well as for worker acclimatization and training. A look at California’s heat illness prevention requirements may help focus your compliance and worker protection efforts.
The four key elements of California’s outdoor heat illness prevention standard are:
- Developing and implementing written procedures for complying with the heat illness prevention standard.
- Providing enough fresh water so each employee can drink at least 1 quart of water per hour, or four 8-ounce glasses, and encouraging them to do so.
- Providing access to shade and encouraging employees to take a cooldown rest in the shade for at least five minutes. Workers shouldn’t wait until they feel sick to cool down.
- Training all employees and supervisors about heat illness prevention.
Shade must be provided at outdoor workplaces when temperatures exceed 80° F. When temperatures are lower than 80° F, shade must be available upon request. Shade and cooldown areas must be blocked from direct sunlight, large enough that the number of workers on rest breaks can sit comfortably without touching each other, and as close as possible to the work areas.
Outdoor worksite supervisors should allow workers who request a cooldown rest period to take one, encourage workers to take preventive cooldown rest periods, and monitor workers during rest periods for signs of heat-related illness.
Employers must take additional precautions in high-heat conditions (when the temperature equals or exceeds 95° F), including observing workers, maintaining communication with them, and reminding them to drink water and take cooldown rest breaks.
Cal/OSHA’s employer assistance materials include a Comparison Chart of Indoor and Outdoor Heat Illness Prevention Standards. Employers that have both indoor and outdoor workplaces may be covered by both indoor and outdoor regulations.
The Heat Illness Prevention in Indoor Places of Employment standard applies to most indoor workplaces, including manufacturing facilities, restaurants, and warehouses. When indoor temperatures reach 82° F, employers must take steps to protect workers from heat illness. Employer requirements under the state standard include providing water, cooldown areas, rest, and training. When the temperature reaches 87° F, prescribed heat-hazard control measures include providing cooldown areas, implementing work-rest schedules, and providing personal heat-protective equipment. Additional requirements apply at 82° F when workers wear clothing that restricts heat removal or work in high-radiant-heat areas.