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Last week, the Department of Labor (DOL) announced that it received nearly 50,000 comments regarding its proposed heat stress rule. Specifically, the rule would be overseen by the agency’s Occupational Safety and Health Administration (OSHA). Chiefly, as currently written, the rule would limit both indoor and outdoor workplace heat exposure. Earlier this year, OSHA, along with other federal agencies, announced several self-audit programs to help employers, unions, and pension plans assess and improve compliance with labor laws.
Background of the Heat Stress Rule
According to Fisher Phillips, this rule was first proposed during the President Joseph Biden administration. Generally, the Heat Stress rule requires all employers to take specific actions when the heat index hits 80°F. Stricter measures must be implemented when the temperature reaches 90°F. Consequently, actions could include requiring access to water and shaded rest areas.
Previously, in the summer of 2025, the current DOL held a hearing on what the standard, as written, would look like. The agency then began a feedback and comment period that ended on October 30th, 2025.
Overview of the Heat Stress Rule as Currently Written
Even though there is no current federal heat prevention standard, employers must remember that OSHA enforces the General Duty Clause of the OSH Act. This regulation requires employers to ensure a healthy and productive work environment for all workers. In addition to battling extreme heat, employers should familiarize themselves with the six common workplace hazards and learn how to address them if they are encountered.
Correspondingly to the General Duty Clause, the proposed Heat Stress rule contains specific ways that employers can keep workers safe from extreme heat. The following are just a few of the topics included in the current proposal. Employers must:
- conduct regular heat risk assessments and audits,
- monitor workplace temperatures,
- ensure workers always have access to drinking water,
- ensure that shaded or air-conditioned rest areas are available for rest breaks,
- provide heat safety training,
- develop written heat illness prevention and emergency medical response plans and train staff on those plans,
- maintain written or electronic records of indoor monitoring data, and
- create incident reporting processes.
Comments on the Proposed Heat Stress Rule
Generally, since the proposed rule was first announced, some business groups believed that a national standard would be impossible for all employers to follow. Instead, a more job-based standard was needed to provide flexibility based on worksites and weather conditions.
For example, out of the close to 47,000 comments, the following comment was submitted by the Coalition for Workplace Safety:
“Without the flexibility to tailor heat illness programs based on an employer’s unique use environments, including geography and employee tolerances, a rigid rule carries the risk of being unduly burdensome and cost prohibitive, while failing to effectively protect workers from the specific hazards that would be identified through a site specific and tailored risk assessment.”
Next Steps
Finally, since the comment period ended on October 30, OSHA has been and will continue to review comments. In some cases, singular comments may be answered by the federal agency. For the most part, the review of public comments will help either draft a final Heat Stress rule or lead the agency to scrap it entirely.
Employer Takeaways
In conclusion, all employers, especially those with workers who perform duties in warehouses and outdoors, should keep an eye out for any developments regarding this proposed rule. By following any final OSHA Heat Stress rule, workplaces can avoid employee injuries and possible deaths from heat and heat-related illnesses.
Presently, OSHA also enforces several workplace safety regulations regarding personal protective equipment (PPE). PPE is safety equipment that can prevent specific types of injuries for workers who wear it. To assist employers in maintaining compliance, WorkWise Compliance offers the following:
- PPE Compliance Training for Employees – This resource contains an online, interactive employee training module and a digital PDF compliance guide for employers. Overall, the program ensures compliance with the assessment, documentation, and training requirements included within OSHA’s Personal Protective Equipment standards (29 CFR Part 1910, Subpart I).
