The short answer is regulatory limbo. OSHA’s Heat Stress rule, called “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” was part of the Spring 2025 Regulatory Agenda. OSHA also held public hearings in mid-2025 and ended the post-hearing comment period in October of last year. The Agenda did not provide a specific target date for the final rule, thus creating much uncertainty about its future. If it eventually moves forward, it is also likely to contain significant revisions from its current form.
In the meantime, OSHA will continue to cite employers for heat stress hazards under the General Duty Clause. In reinforcing its commitment to do so, earlier this month OSHA renewed and updated its National Emphasis Program on Outdoor and Indoor Heat-Related Hazards, extending it for an additional five years until April 2031. The revised program, among other things, updated targeted industries and provided additional enforcement guidance.
In the absence of a federal standard, numerous states have passed heat illness prevention standards in various forms, including but not limited to California, Colorado, Maryland, Oregon, and Washington. Other states are currently considering such laws such as Virginia, Rhode Island, and Arizona. On the other hand, Florida and Texas have passed preemption laws prohibiting cities and counties from creating local heat safety regulations.
As we head into the summer months, businesses need to remain vigilant about keeping updated with state and local laws in this area and should revisit OSHA’s current guidance on ways to identify and minimize heat stress, available here.