General industry and construction, side by side
Heat is not a 1910 rule or a 1926 rule yet. The proposal would cover both parts. The lines below show where federal heat rules stand and what applies today to general industry and construction alike.
| Topic | General industry (29 CFR 1910) | Construction (29 CFR 1926) |
|---|---|---|
| Is there a federal heat standard | No. The proposed rule is titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings. The regulatory agenda entry lists 29 CFR parts 1910, 1915, 1917, 1918, 1926 and 1928, so it would reach general industry and construction.RIN 1218-AD39 | |
| Where the proposal stands | The agenda lists the Proposed Rule Stage. The proposal was published August 30, 2024. The comment period ended January 14, 2025, the informal public hearing opened June 16, 2025, and the post-hearing comment period ended October 30, 2025. The agenda forecasts a supplemental proposal for December 2026 and final action for October 2027. Agenda dates are forecasts and move.RIN 1218-AD39 | |
| What federal OSHA uses today | The General Duty Clause asks each employer to furnish employment and a place of employment free from recognized hazards that are causing or are likely to cause death or serious physical harm. The agenda entry says OSHA currently relies on that clause to protect workers from heat.29 U.S.C. 654(a)(1), RIN 1218-AD39 | |
| OSHA's 2022 emphasis program | OSHA's National Emphasis Program on outdoor and indoor heat-related hazards, CPL 03-00-024, carries an information date of April 8, 2022. The directive page on osha.gov is marked as an OSHA archive document that may no longer represent OSHA policy, so check osha.gov for the program in force.RIN 1218-AD39 | |
What is OSHA's rule and what is not
| Level | What it says |
|---|---|
| OSHA requirement | The General Duty Clause is a statute, and OSHA applies it to heat on a case by case basis. It sets no temperature, no water quantity and no rest schedule.29 U.S.C. 654(a)(1) |
| Recommended practice | OSHA's Water. Rest. Shade. campaign and its model heat illness prevention plan are guidance. They describe acclimatization, water, rest breaks and shade. They are recommended, not required, by a federal standard today.29 U.S.C. 654(a)(1) |
Does your state do it differently?
| State | Difference |
|---|---|
| California, outdoor work | The outdoor heat illness standard applies to all outdoor places of employment. Shade is present when the temperature exceeds 80 degrees Fahrenheit. Where drinking water is not plumbed, it is provided at the start of the shift in enough quantity for one quart per employee per hour. High-heat procedures start at 95 degrees Fahrenheit in the industries listed in the standard, which include construction, agriculture and landscaping.8 CCR 3395(a)(1), 8 CCR 3395(d)(1), 8 CCR 3395(c), 8 CCR 3395(e). Source: Cal/OSHA, 8 CCR section 3395 |
| California, indoor work | The indoor standard applies to indoor work areas where the temperature equals or exceeds 82 degrees Fahrenheit when employees are present. All its provisions apply when the temperature or the heat index equals or exceeds 87 degrees Fahrenheit, with set conditions at 82 degrees Fahrenheit for restrictive clothing or high radiant heat.8 CCR 3396(a)(1), 8 CCR 3396(a)(2). Source: Cal/OSHA, 8 CCR section 3396 |
| Colorado, Maryland, Minnesota, Nevada, Oregon, Washington | The federal regulatory agenda entry for the heat rule says that California, Colorado, Maryland, Minnesota, Nevada, Oregon and Washington have issued heat protections. Read the rule of your state on its official site, because the triggers and the covered work differ.RIN 1218-AD39. Source: reginfo.gov, RIN 1218-AD39 |
Some states run their own State Plan and write their own text, so the federal paragraphs above describe federal OSHA states. Look up your state on the State Plans page and read its rule before you rely on the federal wording.
Mistakes that turn up in inspections
- Quoting the proposed rule's numbers as if they were in force. The proposal is not a standard until a final rule is published, and the agenda forecasts a supplemental proposal first.RIN 1218-AD39
- Assuming no heat rule means no heat duty. Federal OSHA applies the General Duty Clause to heat illness hazards, and seven states have issued their own heat protections.29 U.S.C. 654(a)(1) and RIN 1218-AD39
- Using California's numbers in another state. The 80 degrees Fahrenheit shade trigger and the 95 degrees Fahrenheit high-heat trigger belong to California's outdoor standard, and each state sets its own.8 CCR 3395(d)(1) and 8 CCR 3395(e)
Free tool
Build a heat illness prevention worksheet from OSHA guidance: water, rest, shade and acclimatization. The federal heat rule is still a proposal; the General Duty Clause and state rules apply today.