Is There an OSHA Heat Standard Yet? (2026 Status, Timeline & What Applies Now)

As of October 2, 2026, there is no final federal OSHA heat standard. OSHA's proposed rule, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, would create 29 CFR 1910.148 and, for construction, 29 CFR 1926.67, but the last document in its rulemaking docket is a September 2025 notice that extended the post-hearing comment period. Until a final rule takes effect, OSHA cites heat hazards under the General Duty Clause, section 5(a)(1) of the OSH Act. This guide gives the rulemaking date by date, what the proposed rule would require on a jobsite, and the duties that already apply.

Federal heat rule: status in 2026

The practical takeaway is unchanged: OSHA inspects for heat and cites it today, so waiting for a final rule is not a plan.

The rulemaking, date by date

Every date below comes from the Federal Register documents in OSHA's docket, OSHA-2021-0009.

As of October 2, 2026, no later document appears in that docket on the Federal Register: no final rule, and no withdrawal. A proposed rule binds no employer. If OSHA finalizes it, proposed paragraph (k) of 1910.148 sets the effective date at 60 days after the final rule is published, with compliance dates to follow.

What the proposed rule would require

The proposal is a programmatic standard: the employer writes a plan to evaluate and control heat hazards. It would apply to outdoor and indoor work in general industry, construction, maritime and agriculture where OSHA has jurisdiction, with some exceptions (89 FR 70698). For construction, proposed 29 CFR 1926.67 says the requirements are identical to those of proposed 1910.148.

These are proposed paragraphs, not law. They are still the clearest statement of what OSHA expects, which is why a written plan built on them is the strongest position under the General Duty Clause today.

How OSHA enforces heat today: the General Duty Clause

Section 5(a)(1) of the Occupational Safety and Health Act requires that each employer:

"...furnish to each of his employees employment and a place of employment which are free from recognized hazards that are causing or are likely to cause death or serious physical harm to his employees."

To sustain a General Duty Clause citation for heat, OSHA must generally show that a hazard existed, that the employer or its industry recognized it, that it was likely to cause death or serious physical harm, and that a feasible means of abatement existed, such as water, rest, shade and acclimatization. Heat illness is well documented, so the recognition element is rarely in doubt.

OSHA's National Emphasis Program on outdoor and indoor heat-related hazards adds the inspection pressure. OSHA updated it on April 10, 2026, to focus inspections and outreach on the industries and workplaces where heat stress risk is most likely; the update took effect immediately and runs five years from its effective date (OSHA QuickTakes, April 10, 2026).

The rules that already reach heat on a jobsite

No heat standard does not mean no rule. Several construction and recordkeeping duties apply to hot-weather work right now:

• Water. An adequate supply of potable water shall be provided in all places of employment (29 CFR 1926.51(a)(1)).
• First aid. The employer must ensure medical personnel are available for advice and consultation (1926.50(a)), and, where no clinic or physician is reasonably accessible, a person trained in first aid must be available at the worksite (1926.50(c)).
• Training. Each employee must be instructed in the recognition and avoidance of unsafe conditions (1926.21(b)(2)), which on a hot site includes heat.
• Reporting. A work-related death must be reported to OSHA within 8 hours and an in-patient hospitalization within 24 hours (29 CFR 1904.39(a)).
• Recording. A heat illness that meets the general recording criteria goes on the OSHA 300 Log (29 CFR 1904.7).

State Plans may already require more

A State Plan must be at least as effective as federal OSHA (OSH Act section 18(c)(2), 29 U.S.C. 667(c)(2)), and several have written heat rules of their own. Among the plans whose rules we have read:

• California. Cal/OSHA's heat illness standard, Cal. Code Regs. tit. 8, §3395, applies to all outdoor places of employment and lists construction among the industries that must also follow its high-heat procedures.
• Oregon. OAR 437-002-0156, in force since June 15, 2022, is triggered when the heat index equals or exceeds 80°F, indoors or outdoors.
• Washington. The outdoor heat exposure rule, WAC 296-62-095 through 296-62-09560, applies to all employers with employees working outdoors; it has been in force since July 5, 2008 and was last amended effective July 17, 2023.
• Virginia. 2026 legislation (HB 1092 / SB 288, signed April 13, 2026) directs the Safety and Health Codes Board to adopt indoor and outdoor heat illness standards by May 1, 2028.

If you work in a State Plan state, the state rule is the one you follow. See OSHA State Plans for who enforces where.

What to do now: heat compliance checklist

Do not wait for the final rule. These measures follow the proposed rule and the duties above:

• Write a heat illness prevention plan and keep it on site, organized like paragraphs (c) to (i) of proposed 1910.148.
• Track the heat index forecast for each jobsite every day, and know which days cross 80°F and 90°F.
• Provide cool drinking water close to the work (1926.51(a)(1)).
• Set up shade or cooled rest areas and enforce rest breaks as the heat index rises.
• Run an acclimatization schedule for new and returning workers, the highest-risk group. Our 7-14 day protocol lays one out.
• Train workers and supervisors on the signs of heat illness and what to do (1926.21(b)(2)).
• Write the emergency response: who calls for help, where the nearest care is, how to cool a worker while waiting (1926.50).
• Keep the records: training rosters, the plan, daily heat checks, and any 1904.39 report.

Tools & related reading

• Build your plan: Heat Illness Prevention Builder · Toolbox Talk Generator
• Related guides: Beat the Heat: Heat Illness Prevention Plan · Heat Acclimatization: OSHA's 7/14-Day Protocol · The data behind the heat rule
• 2026 OSHA penalty schedule · penalties by state

---

Sources & verification (October 2, 2026): rulemaking history from the Federal Register documents in docket OSHA-2021-0009 (86 FR 59309, 86 FR 68594, 89 FR 70698, 89 FR 94631, 90 FR 46110), with no later document in the docket on that date; proposed 29 CFR 1910.148 paragraphs, trigger definitions and proposed 1926.67 read in the text of 89 FR 70698; heat National Emphasis Program, CPL 03-00-024, updated April 10, 2026 (osha.gov directive page and OSHA QuickTakes of April 10, 2026); OSH Act sections 5(a)(1) and 18(c)(2) on osha.gov; 29 CFR 1926.21(b)(2), 1926.50, 1926.51(a)(1), 1904.7 and 1904.39(a) on the eCFR (title 29, current as of September 25, 2026); State Plan heat rules from each state's published text (read September 27, 2026) and Virginia's 2026 legislation (read August 7, 2026). General information, not legal advice.*