OSHA Revives National Emphasis Program for Heat-Related Illness

Quick Hits

• OSHA recently made updates to its NEP for heat-related hazards in the workplace.
• Twenty-two industries were added to the NEP for targeted enforcement by OSHA.
• The NEP provides instructions about how OSHA citations should be prepared with weather-related data.
• The updated NEP is effective immediately and will be in place for five years after the effective date.

The NEP updates were published two days after OSHA’s previous NEP for heat-related hazards expired on April 8, 2026.

The NEP notes that OSHA’s heat-related inspections accounted for 6 percent of all federal occupational safety and health inspections during the last five years. The industries now targeted for enforcement include construction, farming, manufacturing, retail, transportation, warehousing, and restaurants. Under the revised NEP, twenty-two new industries were added to the list of those targeted for enforcement.

The revised emphasis program removes outdated background information, updates links, eliminates a numerical inspection goal, and introduces two reorganized appendices, one for evaluating heat programs and another for citation guidance. 

In its news release regarding the revised NEP, OSHA indicates that compliance officers will continue to expand any inspection where there is evidence of heat-related hazards on heat priority days and will conduct random inspections focused on heat hazards in high-risk industries on days when the National Weather Service issues a heat advisory or warning.

OSHA inspectors will “document the relationship between the workplace operations and exposures and the potential for heat-related illness, specifically focusing on all ambient conditions and activities that present heat-related hazards.” Before drafting a citation, OSHA inspectors will document weather conditions, such as the heat index for that day, heat alerts from the government, observed wind speeds, and relative humidity.

The revised NEP lists these options for reducing the risk of heat-related illness:

• using air conditioning;
• increasing general ventilation;
• providing cooling fans;
• running local exhaust ventilation where heat is produced;
• using reflective shields to block radiant heat;
• insulating hot surfaces;
• stopping leaking steam;
• providing shade for outdoor worksites;
• providing cool drinking water;
• allowing adequate rest breaks;
• scheduling hot jobs for cooler parts of the workday;
• scheduling routine maintenance and repairs during cooler seasons of the year; and
• using relief workers to reduce the physical demands of the job.

OSHA has continued a multiyear rulemaking effort to establish a permanent federal standard for heat injury and illness prevention. On August 30, 2024, OSHA published a notice of proposed rulemaking, titled, “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” Unfinalized and stalled for months, the rulemaking’s future is uncertain. The revised NEP provides guidance and a framework for employers until further rulemaking is finalized.

In the meantime, OSHA retains citation authority under the Occupational Safety and Health (OSH) Act’s general duty clause, and multiple states already enforce their own heat illness prevention standards. OSHA also has a public awareness campaign to educate employers and workers about preventing heat-related illnesses.

State Plan Considerations

On or before June 9, 2026, a state plan must submit a notice of intent indicating to federal OSHA whether it already has a similar policy in place, intends to adopt new policies and procedures, or does not intend to adopt the revised NEP. If a state plan does not adopt at first, but at some later point decides to adopt the revised NEP or a version that’s at least as effective, the state plan must notify OSHA of this change in intent.

Within sixty days of adoption, a state plan must provide an electronic copy of the policy or a link to where its policies are posted on the state plan’s website. The state plan must also provide the date of adoption and identify differences, if any, between its policy and OSHA’s. Federal OSHA will provide summary information on the state plan responses to this instruction on its website.

Next Steps

Employers may wish to monitor indoor and outdoor temperatures and quickly address heat-related hazards using the strategies listed in the NEP. In accordance with Appendix I of the revised NEP, employers may also want to consider developing or updating a written heat illness prevention program or sufficiently documenting any verbal program.

Employers are required to report certain work-related injuries, illnesses, and fatalities, including those related to heat. For example, if a worker needs inpatient hospital care due to a work-related heat exposure, the employer must report the incident to OSHA. Federal OSHA generally requires an employer to report an inpatient hospitalization within twenty-four hours and a fatality within eight hours. Incidents that do not require reporting to OSHA may still have recording obligations if a worker requires medical treatment beyond first aid.

Ogletree Deakins’ Workplace Safety and Health Practice Group will continue to monitor developments and will provide updates on the Construction, Hospitality, Retail, Trucking & Logistics, and Workplace Safety and Health blogs as additional information becomes available.

This article and more information on how the Trump administration’s actions impact employers can be found on Ogletree Deakins’ Administration Resource Hub.

In addition, the Ogletree Deakins Client Portal covers Heat Illness Prevention updates. It will soon feature new heat illness prevention templates that reflect Federal OSHA’s updated National Emphasis Program, available to Advanced and Premium subscribers on the Federal Heat Illness page. For more information on the Client Portal or a Client Portal subscription, please reach out to clientportal@ogletree.com.

Ogletree Deakins will host a webinar, titled, “Heat Safety Essentials: Multistate Strategies for Preventing Exterior Heat Illness,” on Thursday, April 30, 2026, from 2:00 p.m. to 3:00 p.m. Eastern time. Register here.

Dee Anna D. Hays is a shareholder in Ogletree Deakins’ Tampa office.

This article was co-authored by Leah J. Shepherd, who is a writer in Ogletree Deakins’ Washington, D.C., office.

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