Is Your Crew Protected From Heat Illness?

The Heat Illness National Emphasis Program (NEP) is a federal directive that authorized OSHA compliance officers to proactively inspect worksites when the heat index reached 80°F or above — without waiting for a complaint or incident. Launched in April 2022, it significantly increased heat-related inspections across construction and general industry. The Heat NEP expires April 8, 2026. After that date, federal OSHA reverts to reactive enforcement: heat violations will only be pursued after a worker complaint, serious injury, or fatality.

No. Enforcement changes form — it doesn't disappear. For federal OSHA states, proactive inspections end but the General Duty Clause (Section 5(a)(1)) still obligates employers to protect workers from recognized hazards including heat. OSHA can and will cite employers after incidents. For the six states with permanent heat standards (California, Washington, Oregon, Nevada, Maryland, Minnesota), enforcement continues completely unchanged — those standards exist independently of the federal NEP and don't expire.

Six states have enacted permanent, standalone heat illness prevention standards: California (outdoor heat standard since 2005; indoor heat standard effective 2024 at 82°F); Washington (Outdoor Heat Exposure Rule, triggers at 89°F or 52°F with non-breathable clothing); Oregon (Heat Illness Prevention Rule, triggers at 80°F heat index, applies indoor AND outdoor); Nevada (Heat Illness Prevention Plan required as part of written safety program); Maryland (Heat Stress Standard, COMAR 09.12.32, effective September 2024, triggers at 80°F heat index, indoor AND outdoor); and Minnesota (Heat Standard). If you're in one of these states, your obligations continue regardless of what happens at the federal level.

A compliant heat plan covers six areas: (1) Water — 1 quart per worker per hour in high heat, cool and nearby; (2) Shade or cooling — accessible within 1 minute of the work area; (3) Acclimatization — 10–14 day ramp-up schedule for new and returning workers; (4) Rest periods — California requires mandatory 5-minute cool-down for anyone showing symptoms; (5) Emergency response — documented procedures, first-aid trained supervisors; and (6) Training — annual training for both workers and supervisors on recognition, first aid, and reporting. The written plan itself must be in writing, available on the jobsite, and translated if workers primarily speak another language.

Under the General Duty Clause (federal and most state-plan states without their own heat standard), OSHA can cite serious violations at up to $16,550 per citation and willful/repeat violations at up to $165,514. State-plan states with heat standards can impose their own maximums: Oregon tops the nation at $250,000 willful maximum; California can reach $25,000 for a serious violation; Maryland's willful violation causing death carries up to $250,000 (individual) or $500,000 (organization). Failure to abate continues to accrue daily — up to $16,550 per day past the abatement deadline.