Article

Amundsen Davis Construction Alert

April 27, 2026

The U.S. Department of Labor has revised OSHA’s National Emphasis Program (NEP) on outdoor and indoor heat-related hazards, signaling that construction employers should expect continued heat inspections rather than the rollout of a new federal heat standard. Construction site in the sunlight

The updated NEP, which takes effect immediately and continues through April 10, 2031, refines how OSHA targets employers, including construction jobsites, for heat-related inspections when the heat index is expected to be 80 degrees or higher.

Originally issued in April 2022, the NEP has been updated using OSHA and Bureau of Labor Statistics (BLS) data from 2022-2025. The revisions adjust industry targeting, clarify inspection expectations, and standardize how OSHA evaluates employer heat programs—providing new insight into how heat inspections will be conducted going forward.

Key Updates to OSHA’s Heat NEP Affecting Construction Employers

  1. Updated industry targeting. OSHA refreshed the NAICS targeting list using newer BLS and OSHA enforcement data. Certain industries were re-ranked. Additionally, there were slight additions and removals based on industries with high rates of heat-related illness and industries with employers that have received heat-related citations or hazard alert letters. Construction remains a core focus on the NEP.
  2. Updated enforcement guidance. Outdated background information was removed and links to reflect more recent heat illness data and current enforcement experience was updated.
  3. Inspection volume language was revised. The former numerical inspection goal was eliminated by refining how it describes inspection volume expectations and program focus.
  4. Reorganized appendices. Two reorganized appendices were introduced.
    1. Appendix I consolidates expectations regarding water, rest, shade, acclimatization, training, and emergency response for heat programs.
    2. Appendix J clarifies when to cite under General Duty Clause, what evidence is needed, and standardizes documentation expectations.
  5. Improved tracking of heat-related inspections. New coding for worksite assistance and unprogrammed emphasis hazards will improve tracking and more effectively implement the program’s enforcement and outreach efforts.

OSHA’S Criteria for Evaluating a Construction Heat Program

To determine if a construction site has a compliant heat illness and injury program, inspectors are required to evaluate and answer the following questions:

  • Is there a heat program (written or verbal) that is effectively communicated to employees?
  • How did the employer monitor ambient temperature(s) and levels of work exertion at the worksite?
  • Were there sufficient amounts of cool water easily accessible to the employees?
  • Did the employer allow additional breaks for hydration?
  • Were there scheduled rest breaks?
  • Was there access to a shaded area?
  • Did the employer provide time for acclimatization of new and returning workers?
  • Were administrative controls used (earlier start times, workload adjustments, and employee/job rotation) to limit heat exposures?
  • Did the employer provide training on heat illness signs, how to report signs and symptoms, first aid, how to contact emergency personnel, prevention, and the importance of hydration?
  • Do employees and supervisors understand the heat program?
  • Is the heat program properly implemented and managed by a designated heat safety representative?

If these questions are answered in the affirmative, citations will not follow. If these questions are answered in the negative, citations may follow. Accordingly, contractors should ensure that they adopt all measures implicated by the questions.

Issuance of Citations

The revised NEP confirms that OSHA should continue to issue citations under its General Duty Clause when employers do not adhere to the guidance outlined in the NEP. It further provides that any employers that does not provide employees with clean drinking water be cited under the applicable OSHA standards for that, as well.

Construction NAICS Codes Included in the NEP

OSHA’s heat NEP continues to explicitly target the construction industry, including:

Table 2. Construction

2361 Residential Building Construction

2362 Nonresidential Building Construction

2371  Utility System Construction 

2373  Highway, Street, and Bridge Construction 

2381  Foundation, Structure, and Building Exterior Contractors 

2382  Building Equipment Contractors 

2383  Building Finishing Contractors 

2389  Other Specialty Trade Contractors 

What the Revised NEP Means for Contractors

For construction contractors, the revised NEP confirms that heat enforcement is not slowing down. As summer approaches, employers should review jobsite heat protocols; train supervisors and crews; ensure water, rest, shade, and acclimatization practices are consistently applied; and document compliance efforts—particularly on days when heat index thresholds are met or exceeded.