OSHA Revises Heat Enforcement Program, Signaling Continued Enforcement Instead of a Federal Heat Rule

The U.S. Department of Labor has revised OSHA’s National Emphasis Program (NEP) on outdoor and indoor heat-related hazards, signaling that OSHA will continue enforcing heat safety through inspections rather than the rollout of a new federal heat standard. Computer screen reading "OSHA"

The updated NEP, which takes effect immediately and continues through April 10, 2031, refines how OSHA targets employers 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

  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.
  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 Outdated background information was removed and links to reflect more recent heat illness data and current enforcement experience was updated.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.
    • Appendix I consolidates expectations regarding water, rest, shade, acclimatization, training, and emergency response for heat programs.
    • 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 Heat Program

To determine if the employer 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, employers 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.

Industries & NAIC Codes Included in the NEP

The following industries, businesses, and NAICS codes are specifically included in the updated NEP:

Table 1. Non-Construction

NAICS Code 2017 NAICS Industry Sector Title 

1121  Cattle Ranching and Farming 

1122† Hog and Pig Farming

1151  Support Activities for Crop Production 

3115† Cheese manufacturing

3116† Animal Slaughtering and Processing

3118 Bakeries and Tortilla Manufacturing

3211  Sawmills and Wood Preservation 

3241  Petroleum and Coal Products Manufacturing 

3261† Plastic Product Manufacturing

3271† Clay Product and Refractory Manufacturing

3273† Cement and Concrete Product Manufacturing

3312† Steel Product Manufacturing from Purchased Steel

3314  Nonferrous Metal (except Aluminum) Production and Processing 

3315 Foundries

3323  Architectural and Structural Metals Manufacturing 

3335† Metalworking Machinery Manufacturing

3353† Electrical Equipment Manufacturing

3362  Motor Vehicle Body and Trailer Manufacturing 

3379† Other Furniture Related Product Manufacturing

4238† Machinery, Equipment, and Supplies Merchant Wholesalers

4244  Grocery and Related Product Merchant Wholesalers 

4522† Department Stores

4811† Scheduled Air Transportation

4841† General Freight Trucking

4881  Support Activities for Air Transportation 

4882  Support Activities for Rail Transportation 

4883  Support Activities for Water Transportation 

4884  Support Activities for Road Transportation 

4921  Couriers and Express Delivery Services 

4922  Local Messengers and Local Delivery 

4931  Warehousing and Storage 

5617  Services to Buildings and Dwellings (includes landscaping services, tree removal and tree trimming services)

5621  Waste Collection 

6242† Community Food and Housing, and Emergency and Other Relief Services

8111  Automotive Repair and Maintenance 

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 

Table 3. Other Relevant Industries

1112 Vegetable and Melon Farming

1114† Greenhouse, Nursery, and Floriculture Production

2211† Electric Power Generation, Transmission, and Distribution

4412 Other Motor Vehicle Dealers

4832† Inland Water Transportation

4911 Postal Service

5173† Wired and Wireless Telecommunications Carriers

5413† Architectural, Engineering, and Related Services

5416† Management, Scientific, and Technical Consulting Services

5613 Employment Services*

6241† Individual and Family Services

7225 Restaurants and Other Eating Places

What the Revised NEP Means for Employers

For employers in these industries, 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.