As Extreme Heat Scorches US, Employee Protections Stalled by Politics

Last year was the hottest on record, and the century-long warming trend shows no signs of slowing down. The impact on employees exposed to heat has been profound. In 2022, the U.S. Bureau of Labor Statistics reported 43 workplace deaths due to extreme heat, and OSHA acknowledges that its heat-related work injury figures are likely vast undercounts.

These conditions have led state and federal authorities to consider and, in many cases, enact heat-related workplace safety regulations. However, with federal initiatives stalling, the regulatory response has become increasingly fragmented across many different jurisdictions.

Excessive Heat Exposure

Heat-related workplace injuries represent a serious and escalating threat to employee safety across multiple industries. Illness can begin with seemingly minor symptoms such as heat rash and muscle cramps, but then rapidly progress to life-threatening emergency. Heat exhaustion causes dizziness, excessive sweating, and nausea.

Heat stroke is a far more severe and immediately life-threatening condition. With heat stroke, the body’s cooling mechanisms fail completely, sweating stops and core body temperature can soar above 103 degrees. Employees may become confused, disoriented, or lose consciousness entirely, requiring immediate emergency medical intervention to prevent deadly circumstances.

Related: High Temperatures, Wildfire Smoke May Trigger Protections for Washington Workers

The risk extends beyond obvious outdoor occupations.

While construction and agricultural employees often experience direct sun exposure during physically demanding work, indoor environments present their own heat-related dangers. Manufacturing facilities with heat-generating equipment, warehouses with poor climate control, and buildings with metal roofs can become heat traps, particularly during heat waves. Indoor employees face the additional challenge of reduced air circulation and higher humidity levels that prevent effective sweat evaporation, the body’s primary cooling mechanism.

Employees with preexisting medical conditions such as heart disease or diabetes, those taking specific medications, and new employees who haven’t had time to physiologically acclimate to hot working conditions, are especially vulnerable to heat-related injury. These less experienced employees may also be reluctant to report early symptoms, fearing repercussions or appearing unable to handle the job demands.

To address these issues, the Occupational Safety and Health Administration had been developing comprehensive heat injury and illness prevention standards under the Biden administration, with proposed rulemaking issued in August 2024. These federal standards would have established nationwide requirements for heat injury prevention plans, mandatory drinking water and rest breaks, indoor heat controls and specific protections for employees who haven’t acclimated to hot conditions.

However, the regulatory landscape shifted dramatically after the November elections. Shortly after taking office, the Trump administration implemented a regulatory freeze halting all pending federal rules, including OSHA’s Heat Injury and Illness Prevention Standard. The administration also terminated heat safety experts from the National Institute for Occupational Safety and Health, the research arm that had been instrumental in developing the scientific foundation for the proposed regulations.

Related: Viewpoint: Early Executive Actions by Trump Portend a Major Contraction at OSHA

OSHA held a public hearing in June and July to allow stakeholder input on the proposed heat protection standards. A post-hearing comment period is now open through Sept. 30, allowing participants to submit additional evidence, responses and final comments. There are expectations that OSHA may revise the proposed rule based on the new feedback by 2026.

Industry opposition has intensified, with oil and gas trade groups and the American Petroleum Institute lobbying against the regulations, citing concerns about increased costs, reduced energy production and limitations on workplace flexibility. The firing of key technical experts from NIOSH will also significantly hamper OSHA’s ability to defend the scientific basis for the regulations during these proceedings.

The current federal climate suggests that comprehensive national heat protection standards will face significant delays, or potentially be scrapped entirely, leaving any workplace heat regulations in the hands of states.

State-Level Patchwork

While federal efforts remain stalled, several states have moved forward with their own heat protection standards, creating a regulatory patchwork across the country. California, Oregon, and Washington have established the most comprehensive heat stress standards, requiring employers to provide water, shade, and rest breaks for outdoor employees.

Colorado and Minnesota have implemented heat-related workplace protections, though these are less comprehensive than those found in West Coast states. Maryland represents an emerging model with its indoor-outdoor heat standard, which became effective September 2024. This regulation applies to workplaces where the heat index reaches 80 degrees or higher and covers both indoor and outdoor work environments.

Maryland’s approach is particularly noteworthy because it grants the Commissioner of Labor and Industry authority to develop regulations through rulemaking rather than requiring full legislative approval. This streamlined approach allows for faster implementation and more targeted responses to state-specific conditions.

Challenges and Opportunities

Current legislative efforts face mixed prospects depending on political climate and industry influence. California’s Senate Bill 1299, specifically targeting agricultural employees, would shift the burden of proof in workers’ compensation cases and establish a dedicated fund for heat-related injuries and deaths. However, Gov. Gain Newsom vetoed the bill, citing concerns about tying workers’ compensation claims to employer compliance with safety standards.

Colorado’s Senate Bill 21-087 appears more likely to succeed, requiring employers to implement heat safety procedures when temperatures reach 80 degrees or higher. The bill benefits from Democratic legislative control and strong political support for employee protection measures.

Conversely, states like Texas and Florida have actively blocked local governments from implementing heat protection standards, demonstrating the political challenges facing comprehensive heat safety legislation.

The current regulatory environment suggests that meaningful heat protection standards will continue to develop primarily at the state level while federal action remains uncertain. This fragmented approach creates compliance challenges for multi-state employers while potentially leaving employees in less protective jurisdictions vulnerable to heat-related injuries.

The emphasis on prevention rather than reactive measures represents the most promising aspect of current regulatory trends, focusing on practical interventions that research demonstrates can effectively reduce heat-related workplace incidents.

Hibbert is senior vice president of regulatory compliance management at Enlyte, where she leads the health information management, regulatory compliance, litigation support, educational services and claims performance consulting teams within Enlyte’s Casualty Solutions Group.

Top photo: Pedro Lucas, left, nephew of farm worker Sebastian Francisco Perez who died while working in an extreme heat wave, breaks up earth, Thursday, July 1, 2021, near St. Paul, Ore. (AP Photo/Nathan Howard).