Congress Steps into the Heat Hazard Prevention Discussion

by JPeters | August 8, 2025 1:51 pm

A new bill introduced in Congress could require OSHA to produce a heat standard

 

While the Occupational Safety and Health Administration[1] (OSHA) has initiated an ambitious rollback of federal regulations[2] in recent weeks, there is one significant proposed regulation from the Biden administration that hasn’t been nixed — the Heat Standard[3], proposed on July 2, 2024. The issue has continued to receive some attention during the Trump administration. However, the latest development that’s keeping the heat hazard issue in the news is the recent introduction of a bipartisan bill in Congress that would, if enacted, compel the agency to expedite the rulemaking process.

 

Ongoing Attention

There have been a few clear signs that OSHA and the Trump Administration take heat hazards seriously, and they have continued the regulatory work of the previous administration on this issue.

This spring, OSHA extended the agency’s National Emphasis Program on Outdoor and Indoor Heat-Related Hazards[4] (the NEP) until April 8, 2026. The NEP enforcement initiative targets industries and workplaces where workers are at increased risk of heat-related illnesses. Targeted business sectors include manufacturing, wholesalers, restaurants, retail, bakeries, landscaping, and construction. The NEP directs OSHA compliance officers to proactively conduct inspections and provide outreach to employers in high-risk industries, especially during warmer months.

Earlier this summer, OSHA held several public hearings[5] about the proposed Heat Standard. Official hearing transcripts are available. Anyone who filed a notice of intention to appear for these hearings can make further comments on the proposed rule through September 30, 2025.

 

The Proposed Legislation

On July 16, 2025, Sen. Alex Padilla (D-CA) introduced the Asunción Valdivia Heat Illness, Injury, and Fatality Prevention Act of 2025[6] in the Senate. The same bill was introduced by Rep. Judy Chu (D-CA-28) in the House[7]. Also known as the Heat Illness Prevention Act (HIPA or the Act), the legislation directs the Secretary of Labor “to promulgate an occupational safety and health standard to protect workers from heat related injuries and illnesses,” and specifies that the standard must include a range of safety and health measures including engineering controls, administrative procedures, personal protective equipment (PPE), health monitoring, training, and other planning and implementation requirements.

The Act limits the venue for judicial review to the federal Court of Appeals for the District of Columbia[8] and imposes strict filing deadlines.

HIPA also imposes an aggressive timeline for issuing an interim final rule —set at within one year of HIPA’s enactment — as well as a timeline for the final standard. Despite these proposed timelines, it’s important to remember that the Administrative Procedures Act[9] governs OSHA’s rulemaking process and is not subject to the statutory deadlines or transparency mandates specified in HIPA. It remains to be seen how the actual timeline will unfold.

This Congressional action could have significant consequences if enacted. There is strong bipartisan support for heat hazard protections, and it is certainly possible that HIPA could make it to the President’s desk later this year. The significance of this lies in its potential to codify a detailed framework for addressing the heat hazard issue.

OSHA rules are administrative actions taken under “existing authority,” and this authority changes with each administration. HIPA, in contrast, by legislatively mandating the creation of a heat hazard standard, would be establishing a prescriptive and detailed framework for OSHA — and in turn, employers — to follow. If HIPA becomes law, it would have binding legal effect akin to the Fair Labor Standards Act[10] and could be amended only through further Congressional action.

 

What should employers do?

While it remains unclear whether the Heat Illness, Injury, and Fatality Prevention Act has enough bipartisan support to make it through the legislative process, it’s very clear that OSHA, the Trump Administration, and Congress are taking the heat hazard issue seriously. The Heat Standard is moving closer to finalization, but at what speed remains to be seen.

Employers in targeted industries[11] — particularly agriculture and construction — must continue to be prepared for inspection and for answering questions about their heat stress plan. We can be pretty certain that a final rule will make a written heat stress plan mandatory, so for those employers who don’t already have one, it’s essential to put this plan together. OSHA makes it clear that failure to implement appropriate plans to prevent and remedy heat-related illnesses could lead to General Duty clause[12] citations.

If you are concerned about the adequacy of your current heat-related illness prevention plan, working with an attorney with experience in drafting OSHA-compliant policies is helpful. Don’t hesitate to contact Orr & Reno if you need assistance.

 

Steven L. Winer[13]

Source URL: https://orr-reno.com/congress-steps-into-the-heat-hazard-prevention-discussion/

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