OSHA Expands Targeted Heat Illness Enforcement Program

Fed-OSHA has extended its targeted heat illness prevention program for another five years and expanded the number of industries under scrutiny.

The Occupational Safety and Health Administration on Apr. 10 updated its National Emphasis Program (NEP) on indoor and outdoor heat hazards, increasing the number of targeted industries where workers face the highest risk of heat illness to 55 from 33 and extending the program through 2031. 

The move comes as OSHA continues work on a long-awaited federal heat illness prevention standard that would apply to industries with indoor and outdoor workers.

How the program works

The NEP focuses OSHA’s enforcement resources on high-risk sectors whose workers are most susceptible to heat-related illnesses.

Targeted industries include an array of sectors, both indoor and outdoor, including:

  • Trucking and transportation
  • Waste collection
  • Certain manufacturing plants
  • Warehousing,
  • Construction
  • Agriculture
  • Landscaping
  • Restaurants

You can find a full list of the targeted industries in this OSHA document.

Under the updated program:

  • OSHA will conduct programmed, random inspections in targeted industries when the National Weather Service issues a heat advisory or warning.
  • Inspectors will evaluate heat risks during routine inspections on “heat priority days,” defined as days when the heat index reaches 80 degrees or higher.
  • Even inspections opened for unrelated reasons can be expanded if inspectors observe potential heat hazards or see evidence in injury logs or worker statements. 

What inspectors look for

During inspections, OSHA compliance officers assess whether employers have taken reasonable steps to protect workers from heat exposure. That typically includes reviewing:

  • Access to drinking water, rest breaks and shaded or cooled areas.
  • Work schedules and whether strenuous tasks are adjusted for heat.
  • Acclimatization practices for new or returning workers.
  • Training programs on recognizing and responding to heat illness.
  • Oversight, such as designated supervisors who monitor conditions.

There is still no specific federal heat illness standard in place. However, OSHA can issue citations under the Occupational Safety and Health Act’s general duty clause, which requires employers to provide a workplace free from recognized hazards. 

That means employers can face penalties if they fail to address heat risks, even without a prescriptive rule.

A standard still in the works

OSHA has been developing a nationwide heat rule that would establish specific thresholds and requirements, such as providing water and rest breaks at certain temperatures and implementing formal heat safety plans.

While the agency has indicated it intends to finalize a rule that is both protective and feasible, many observers expect a scaled-back version compared to earlier proposals. In the meantime, the NEP effectively serves as OSHA’s primary enforcement tool.

Protecting vulnerable workers

Employers who have workers at risk of heat illness should review their heat safety practices for the summer months. Here are some best practices:

  • Monitor the heat index and establish trigger points for protective measures, starting around 80 degrees and increasing precautions at higher levels.
  • Provide water, rest and shade, ensuring employees have frequent and easy access and are encouraged to hydrate regularly.
  • Consider adjusting work schedules by shifting physically demanding tasks to cooler parts of the day and rotating workers.
  • Develop a written heat illness prevention plan that outlines hazards, controls and emergency procedures.
  • Implement acclimatization programs for new or returning workers, gradually increasing exposure over several days.
  • Train supervisors and employees to recognize heat illness symptoms such as dizziness, confusion or excessive sweating and to respond quickly.
  • Have in place an emergency response plan if a worker needs medical attention.

What this means for employers

With the program now extended through 2031, companies in both traditional and newly targeted industries should assume that heat-related inspections will remain a regular part of the regulatory landscape.

Even employers that are not in a targeted industry can be cited if OSHA shows up for other reasons. Responsible employers will take steps to protect their workers from heat illness, particularly as temperatures continue to rise. The last five years were the hottest on record.