H.R. 6213 would also prevent the agency from developing any “substantially similar” rule in the future
It is unusual for lawmakers to preemptively kill a rule before the rulemaking agency completes its own review, but that’s what’s happening in Washington, D.C. right now. At the end of July, the House Committee on Education & Workforce passed H.R. 6213 out of committee in a partisan vote. This bill, if enacted, will not only stop OSHA from finalizing its long-anticipated workplace heat standard. It will also prevent the agency from implementing any “substantially similar” standard in the future. Entitled the “Heat Workforce Standards Act of 2025,” the bill awaits a full House floor vote in the coming weeks.
The Biden-era heat rule proposal
H.R. 6213 specifically targets the proposed OSHA heat rule drafted under the Biden administration. The proposed rule, entitled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” requires employers to:
- provide regular rest breaks and drinking water at specified temperature trigger points,
- establish heat acclimatization protocols, and
- provide heat hazard training for employees and supervisors.
Supporters of the proposed heat rule say that it reflects sound science; opponents call it burdensome and unnecessary.
For now, the rule remains on the recently released 2026 regulatory agenda, where OSHA had already signaled that major changes are in the works. A Supplemental NPRM is slated for publication in December 2026, and final action in October 2027. A supplemental proposed rule is a step OSHA takes when it wants to make “substantial changes” to the original proposal.
Wait and see
What’s going to happen in Congress regarding H.R. 6213? We’ll have to wait and see. As written, there is enough legal uncertainty in a phrase like “substantially similar” to make it the basis for numerous lawsuits regarding future agency actions. There is also a lack of clarity about how the bill would affect state OSHA plans, as well as unaddressed public health and emergency response concerns associated with the elimination of federal heat hazard protections. Employers shouldn’t be making any changes to their Heat Injury & Illness Prevention Plan (HIIPP) — or modify any planned compliance steps already in the works — based on this proposed legislation.
In the meantime, it’s important to remember that OSHA has renewed the National Emphasis Program (NEP) for Outdoor and Indoor Heat-Related Hazards, with prioritized inspections in construction, agriculture, and other high-risk worksites. The renewed NEP eliminates the on-site inspection goals of the previous NEP and introduces two restructured appendices: one for evaluating heat programs and another for citation guidance.
Employers in targeted industries should anticipate an inspection and prepare themselves to answer questions about their HIIPP. OSHA makes it clear that failure to implement appropriate plans to prevent and remedy heat-related illnesses could lead to General Duty Clause citations.
If you are concerned about the adequacy of your current HIIPP, it is helpful to work with an attorney with experience drafting OSHA-compliant policies. Don’t hesitate to contact Orr & Reno for assistance.
