As temperatures rise across construction sites this summer, the federal regulatory framework governing heat illness prevention is in a state of unusual flux. OSHA's National Emphasis Program (NEP) on heat-related hazards — the primary driver of thousands of jobsite inspections since 2022 — expired on April 8, 2026, with no public indication from the Trump administration that it will be extended or replaced. Simultaneously, OSHA's proposed permanent federal heat illness prevention standard has stalled with no target date for finalization, making it unlikely to advance in the near term.

For construction contractors, which represent one of the industries most exposed to occupational heat illness, the combination creates a summer of regulatory uncertainty that does not reduce the underlying hazard or the legal obligation to protect workers.

What the NEP Was and What It Did

Federal OSHA launched the heat NEP on April 8, 2022, targeting more than 70 high-risk industries including construction, manufacturing, landscaping, restaurants, and agriculture. The program authorized proactive inspections whenever the heat index reached 80°F or when the National Weather Service issued a heat warning or advisory, per Ogletree Deakins' April 2026 analysis.

The results were dramatic. Between April 2022 and December 2024, OSHA conducted approximately 7,000 heat-related inspections — compared to roughly 200 annual heat inspections in the years before the NEP. The agency issued 60 citations for General Duty Clause violations, distributed 1,392 hazard alert letters, and removed nearly 1,400 employees from hazardous heat conditions. The program was extended for one year by then-OSHA Assistant Secretary Douglas Parker in January 2025, just days before the transition to the current administration, setting the April 8, 2026 expiration date.

As of the publication of this article, OSHA has not announced any intention to extend or renew the NEP, according to Ogletree Deakins.

The Proposed Permanent Standard: Where Things Stand

Separate from the NEP, OSHA published a notice of proposed rulemaking (NPRM) titled Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings on August 30, 2024. The proposed rule would apply across general industry, construction, maritime, and agriculture and would require employers to:

• Develop written Heat Injury and Illness Prevention Plans (HIIP)
• Monitor workplace heat conditions using heat index or wet bulb globe temperature
• Implement protections at two trigger levels: an initial heat trigger at 80°F and a high heat trigger at 90°F
• Provide mandatory rest breaks — at least 15-minute paid breaks every two hours above the high heat trigger
• Establish acclimatization protocols for new and returning workers
• Train employees and supervisors on heat hazard recognition and response

The public comment period closed January 14, 2025. An extended post-hearing comment period closed October 30, 2025. However, no further steps toward finalization have been taken. The most recent federal unified regulatory agenda did not include a target date for final action, according to Ogletree Deakins. Earlier estimates had projected a final rule in mid-to-late 2026, per Davron Construction Services, but that timeline now appears unlikely under the current administration.

What Still Applies: The General Duty Clause and State Plans

The expiration of the NEP and the stalling of the proposed standard do not eliminate contractor liability. OSHA's General Duty Clause — Section 5(a)(1) of the OSH Act — remains fully in effect and requires employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. OSHA has used this authority to issue heat-related citations throughout the NEP period and can continue to do so regardless of whether the NEP is renewed.

In addition, multiple states with OSHA-approved State Plans already enforce their own heat illness prevention standards, including California, Colorado, Maryland, Minnesota, Nevada, Oregon, and Washington. Employers operating in those jurisdictions must comply with state-specific requirements regardless of federal action. California's standards are particularly rigorous, covering both outdoor and indoor workplaces, with heightened protections when temperatures exceed 95°F at outdoor construction sites, per the California Department of Industrial Relations.

New York City also moved in early 2026 to require construction safety training to include mental health and substance abuse awareness, per Ogletree Deakins, reflecting a broader trend of municipal safety mandates expanding beyond federal floors.

Construction Remains Among the Most Exposed Industries

Heat illness remains a genuine and persistent construction hazard regardless of regulatory status. The Bureau of Labor Statistics has recorded hundreds of occupational heat fatalities over the past decade, with construction workers disproportionately represented. Workers performing roofing, road paving, concrete finishing, structural steel erection, and other outdoor trades during peak summer heat are exposed to conditions that can rapidly escalate from heat exhaustion to heat stroke — a life-threatening emergency.

Construction is among the most at-risk industries because workers are frequently required to perform heavy physical exertion outdoors during peak heat hours, often without adequate shade infrastructure, and sometimes for employers that have not established written acclimatization or emergency response protocols. The proposed OSHA rule specifically named construction as one of the sectors driving the rulemaking, citing data showing construction workers account for a disproportionate share of heat-related fatalities, per the OSHA rulemaking docket.

Practical Guidance for Contractors This Summer

Several construction safety consultants and law firms have advised employers to maintain heat illness prevention programs regardless of NEP status, for both legal and operational reasons. Kestrel Instruments recommends that contractors treat the proposed NPRM thresholds — 80°F initial trigger, 90°F high heat trigger — as practical planning benchmarks, noting that OSHA's rulemaking record establishes these as the agency's working standards even before a final rule is published.

Key elements of a defensible heat illness prevention program include: a site-specific written prevention plan; daily monitoring of heat index conditions; access to cool drinking water at all times; shaded rest areas with breaks encouraged when conditions reach the initial trigger; a phased acclimatization program of at least 7–14 days for new or returning workers; supervisor training on recognizing heat illness signs; and a clear emergency response procedure including designation of someone to call 911 and accompany affected workers to medical care.

ABC Carolinas notes that even without the NEP, OSHA retains full authority to inspect any construction site for heat hazards during the summer months, particularly following a worker hospitalization, complaint, or fatality referral. The absence of a formal NEP does not mean inspections will stop — it means they will be less systematically proactive and more incident-driven.

What to Watch For

Several developments could shift the regulatory picture before the end of summer 2026. The administration could issue a new or revised heat enforcement directive. Congress could act on heat illness legislation as part of broader OSHA reauthorization discussions. State-plan states may expand their standards. And if high-profile heat fatalities on construction sites generate national attention, political pressure for renewed federal action could intensify rapidly.

For now, contractors operating in non-state-plan states face a summer with weakened federal enforcement intensity but unchanged legal exposure under the General Duty Clause — a combination that experienced safety counsel describe as among the most legally ambiguous environments the construction industry has faced on heat in decades.

Sources

Ogletree Deakins — OSHA's Heat Program to Expire While Heat Standard Stalls (April 8, 2026)
OSHA — Heat Injury and Illness Prevention Rulemaking Docket
Davron Construction Services — OSHA's Upcoming Heat Standard for Construction Sites (October 2025)
Kestrel Instruments — What Are the 2026 OSHA Safety Rules for Heat Stress? (February 2026)
California DIR — Cal/OSHA urges employers to protect workers as summer approaches (March 2026)
ABC Carolinas — Heat Stress OSHA Enforcement in 2026 (April 2026)