Previous Actions

OSHA has taken several steps to engage with workers and employers before arriving at where we are now. On October 27, 2021, we published an Advance Notice of Proposed Rulemaking (ANPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings in the Federal Register. This began the rulemaking process to consider a heat-specific workplace standard.

The ANPRM public comment period allowed OSHA to gather information, diverse perspectives, and technical expertise for consideration. These issues include the scope of a heat standard, heat stress thresholds for workers across various industries, heat acclimatization planning and heat exposure monitoring, as well as the nature, types, and effectiveness of controls that may be required as part of a standard. The ANPRM has no impact on OSHA's current enforcement policies. It is available on the Federal Register webpage and at www.regulations.gov, which is the Federal e-Rulemaking Portal.

The comment period closed on January 26, 2022. OSHA received 965 unique comments from stakeholders, which are available at www.regulations.gov/document/OSHA-2021-0009-0001. Additionally, we held a virtual public stakeholder meeting with more than 1,300 attendees on May 3, 2022, to present the agency’s initiatives to protect workers from heat-related hazards. The meeting can be viewed at https://www.youtube.com/watch?v=Ud29WsnsOw8).

OSHA established a Heat Injury and Illness Prevention Work Group of the National Advisory Committee on Occupational Safety and Health to help the committee provide recommendations on potential elements of a heat injury and illness prevention standard. On May 31, 2023, the group presented its recommendations to the full committee, which submitted the recommendations to OSHA. These recommendations were considered by the agency when preparing the proposed rule.

OSHA initiated the Small Business Regulatory Enforcement Fairness Act (SBREFA) process on August 25, 2023. It was concluded on November 3, 2023. This step in the rulemaking process included convening a Small Business Advocacy Review panel to gain input from small entity representatives on the potential impacts of a heat-specific standard. More information on the Heat Injury and Illness SBREFA and the final report can be found at https://www.osha.gov/heat/sbrefa.

OSHA presented the agency’s framework for this proposed rule to the Advisory Committee on Construction Safety and Health (ACCSH) on April 24, 2024, in accordance with 29 CFR 1911.10(a), which requires the Assistant Secretary to provide ACCSH with any proposal (along with pertinent factual information) affecting construction work and give ACCSH an opportunity to submit recommendations. ACCSH unanimously passed a motion recommending that OSHA proceed expeditiously with proposing a standard on heat injury and illness prevention.

In addition, OSHA held a listening session with tribal representatives regarding this rulemaking on May 15, 2024.