The OSHA Heat NEP Expires April 8 — Here's What Changes for Your Crew

April 8, 2026 is the day OSHA's Heat National Emphasis Program — the directive that has driven most of the agency's heat enforcement over the past three years — officially expires.

Here's the short version: heat enforcement doesn't stop. But the rules of engagement change, and contractors who don't have a written safety program in place are carrying more risk than they realize.

What the Heat NEP Did

When OSHA launched the NEP in April 2022 (directive CPL-03-01-024), it gave inspectors a structured playbook for going after heat hazards:

• Programmed inspections of high-exposure industries — construction, agriculture, landscaping, warehousing — without waiting for a complaint
• Follow-up inspections for employers with prior heat citations

That playbook expires April 8. No replacement has been announced.

What Changes on April 9

OSHA loses the structured trigger to come looking for you. It keeps every tool it needs to cite you when it does show up.

General Duty Clause citations still apply. Under Section 5(a)(1), OSHA only needs to show that heat is a recognized hazard in your industry (it is) and that you didn't take reasonable steps to protect workers. Courts have upheld these citations repeatedly.

The federal heat rule is frozen, not dead. The proposed permanent standard (HIIPP) that would have replaced the NEP was frozen under the current administration's regulatory review in January 2025. It has not been withdrawn — but it's not advancing.

More states are moving on their own. Virginia's legislature passed SB288/HB1092 in 2026, directing adoption of a heat illness standard by May 1, 2027. Other states are actively considering heat-specific requirements.

The "Nothing Changed" Trap

This is where contractors get hurt: assuming no NEP means no risk.

One heat-related serious injury, one OSHA inspection, one willful citation — that's a six-figure bill before your lawyer picks up the phone.

But the gap between "has a program" and "doesn't" just got bigger. In July 2025, OSHA expanded its penalty reduction guidelines:

A small contractor with a documented heat program, clean history, and a supervisor who corrects hazards on-site could see a $16,550 citation drop to roughly $1,700. That's the reward for having your house in order.

A contractor with nothing written down? Full exposure.

4 Things to Do Before Summer

These apply whether you're under federal OSHA only or in a state-plan state.

1. Write your heat illness prevention plan — today.

If it's not in writing, it doesn't exist in OSHA's eyes. Your plan needs to cover:

• Temperature triggers — 80°F for starting protective measures, 90°F for high-heat protocols
• Water access — at least one quart per worker per hour, cool, potable, within close reach
• Shade and cool-down areas accessible from every work area
• Rest breaks tied to heat index levels — not just "when workers feel hot"
• Acclimatization for new hires and workers returning after time off
• Emergency response steps — what supervisors do when someone shows symptoms

2. Train every supervisor. Document it.

OSHA's Safety Champions Program — free to join — provides a documented framework that demonstrates good-faith compliance. This directly affects penalty calculations if you're ever inspected. A sign-in sheet for heat training is basic evidence. Use it.

3. Know your state's specific requirements.

If you work in California, Oregon, Washington, or Maryland, you have legally enforceable obligations that predate and outlast the NEP. Get the actual regulation for your state, not a summary. Use our OSHA Penalty Calculator to see what violations cost in your state, or browse state-by-state compliance guides for your trade.

4. Match your plan to the actual season.

Heat season is starting earlier every year. Don't wait until June to dust off last year's procedures. Review and distribute your plan before the first hot week hits.

Bottom Line

The Heat NEP expiring removes the structured trigger for proactive inspections. It doesn't remove OSHA's authority, state enforcement, or the penalties that come with heat citations.

Contractors with a written heat illness prevention plan, documented supervisor training, and state-specific compliance are better positioned now than three years ago — because the penalty reduction program actively rewards them.

Contractors without a program are running on borrowed time.