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Heat is the leading weather-related killer. Excessive heat can cause heat stroke and even death if not treated properly. It also exacerbates existing health problems like asthma, kidney failure, and heart disease. Workers in agriculture and construction are at highest risk, but the problem affects all workers exposed to heat, including indoor workers without climate-controlled environments. Essential jobs where employees are exposed to high levels of heat are disproportionately held by Black and Brown workers.

Heat stress killed 815 U.S. workers and seriously injured more than 70,000 workers from 1992 through 2017, according to data from the Bureau of Labor Statistics. However, this is likely a vast underestimate, given that injuries and illnesses are under reported in the United States, especially in the sectors employing vulnerable workers. Further, heat is not always recognized as a cause of heat-induced injuries or deaths and can easily be misclassified, because many of the symptoms overlap with other more common diagnoses.

To date, California, Oregon, Washington, Minnesota, Colorado, and the US military have issued heat protections. The Occupational Safety and Health Administration (OSHA) currently relies on the general duty clause (OSH Act section 5(a)(1)) to protect workers from this hazard. However, a standard specific to heat-related injury and illness prevention would more clearly set forth enforceable employer obligations and the measures necessary to effectively protect employees from hazardous heat. It is likely to become even more difficult to protect workers from heat stress under the general duty clause in light of the 2019 Occupational Safety and Health Review Commission’s decision in Secretary of Labor v. A.H. Sturgill Roofing, Inc.

OSHA was petitioned by Public Citizen for a heat stress standard in 2011. The Agency denied this petition in 2012, but was once again petitioned by Public Citizen, on behalf of approximately 130 organizations, for a heat stress standard in 2018 and 2019. In 2019 and 2021, some members of the Senate also urged OSHA to initiate rulemaking to address heat stress. More recently, members of both the House of Representatives and Senate have also requested the agency promulgate a standard. Additionally, the Attorneys General from several states have petitioned OSHA to issue an Emergency Temporary Standard to protect workers from heat stress.

Given the potentially broad scope of regulatory efforts to protect workers from heat hazards, as well as a number of technical issues and considerations with regulating this hazard (e.g., heat stress thresholds, heat acclimatization planning, exposure monitoring, medical monitoring), OSHA has had extensive engagement with stakeholders. OSHA published an ANPRM on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings (October 27, 2021) to begin a dialogue and engage with stakeholders to explore the potential for rulemaking on this topic. On May 3, 2022, OSHA held a virtual public stakeholder meeting on the Agency’s initiatives to protect workers from heat-related hazards. Heat Forum Public Stakeholder Meeting | Occupational Safety and Health Administration (osha.gov) OSHA established a Heat Injury and Illness Prevention Work Group of the National Advisory Committee on Occupational Safety and Health (NACOSH) to help NACOSH provide recommendations on guidance materials and potential elements of a heat injury and illness prevention standard. On May 31, 2023, the Work Group presented its recommendations on potential elements of a proposed heat injury and illness prevention standard for consideration by the full NACOSH committee. After deliberations, NACOSH submitted its recommendations to OSHA (www.regulations.gov, Document No. OSHA-2023-0003-0012).

In August 2023, OSHA convened a Small Business Advocacy Review (SBAR) Panel, in accordance with the requirements of the Small Business Regulatory Enforcement Fairness Act (SBREFA), to hear comments directly from small entity representatives (SERs) on the potential impacts of a heat-specific standard. OSHA completed its small business consultations as another important step in this process in November 2023.

On April 24, 2024, OSHA presented to the Advisory Committee on Construction Safety and Health (ACCSH) the Agency’s framework for this proposed rule, in accordance with 29 CFR 1911.10(a) which requires the Assistant Secretary to provide ACCSH with any proposal (along with pertinent factual information) affecting construction work and give ACCSH an opportunity to submit recommendations. ACCSH passed unanimously a motion recommending that OSHA proceed expeditiously with proposing a standard on heat injury and illness prevention. Further, on May 15, 2024, OSHA held a listening session with tribal representatives regarding this rulemaking, in accordance with Section 5 of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, 65 FR 67249 (Nov. 6, 2000). For additional information, please see the Department’s Fall 2023 regulatory plan narrative statement.