NATIONAL — A new federal policy under the Department of Labor (DOL), which went into effect on April 10 has left union and labor organizations across the United States to release statements on the impacts they believe this new policy will have on their communities, respectively.
An Occupational Safety and Health Administration (OSHA) initiative, which was first enacted in April 2022 under the Biden administration, the “National Emphasis Program (NEP) — Outdoor and Indoor Heat-Related Hazards” was implemented and structured to protect workers and employees in elevated temperatures — including injuries and illnesses in both indoor and outdoor settings, according to the original policy abstract. With an April 8 expiration date on this OSHA NEP, over the past three years, OSHA worked to gather data to apply toward a new NEP policy.
Initial Updates
This updated version, which went into effect on April 10, will be enforced through 2031. Initial changes from 2022, according to its directive, include as follows:
- Updated target industries using current data from the Bureau of Labor (BLS) and OSHA
- Removed outdated background information and references
- Updated links
- Revised its inspection goal
- Reorganized and added Appendix I — the evaluation of a heat program
- Reorganized and added Appendix J — citation guidance
- Added coding for worksite assistance
- Added coding for unprogrammed emphasis hazards
In addition to these adjustments, the targeted industries — or Appendix A — which are deemed most at risk for heat safety, were modified.
Previously adhering to around 79 heat-related hazard industries, ranging anywhere from those within construction, non-construction or alternatives such as farming or transportation sectors — which are included within the North American Industry Classification System (NAICS) — Appendix A now includes 55 industries: removing 46 previously allocated sectors from 2022 while retaining 33 and incorporating 22 new profession categories.
Research to determine these industries — which include anywhere from general freight trucking to metalworking machinery manufacturing — began in 2024. And this decision to remove, add or retain certain sectors stemmed from accumulated information, which highlighted lower or higher heat-related injury rates, an increase or decrease in case severity and reduced or expanded enforcement activity when compared to other groups, according to the policy overview.
However, industries were not the only amended category on the 2026 NEP “Outdoor and Indoor Heat-Related Hazards.” Appendix I and Appendix J serve as two new appendices as the 2022 directive includes sections concluding at “H.” Appendix I, “Evaluation of a Heat Plan,” includes a list for OSHA inspectors or compliance safety and health officers to adhere to when visiting a job site in determining if a company or employer maintains a heat-illness and injury program.
Of items listed within these guidelines include assurance of rest breaks, shade, hydration and accessible cool water, adequate heat-related training and heat program implementation for employees.
Appendix J, “Citation Guidance” is designed to work in conjunction with Appendix I and additional policy sections. This focuses on a hazard itself when it occurs to ensure proper documentation is recorded. Rather than enumerating the ways a company may or may not have contributed to a citation, Appendix J recommends for an OSHA officer to consult with the DOL’s Regional Solicitor Office to assist with submitting a citation.
With these reorganized appendices, 46 previously included industries were not the only portion of the 2022 policy that did not make it onto the 2026 version. This NEP additionally removed its numerical (100%) inspection goal. This previously required OSHA compliance officers to evaluate all potential hazardous areas of a worksite rather than a partial inspection, which may focus on an individual area or complaint, according to OSHA’s website.
With this restructure, OSHA has worked to recenter its priorities toward outreach and industries where the organization has researched for incidents more likely to occur. However, labor organizations have expressed not only their concerns with the removal of its numerical inspection goal but also the amount of OSHA inspectors available, which impacts the frequency of inspections a job site can receive.
“The number of OSHA inspectors is now only 5.0 per 1 million workers — the lowest in at least 45 years — which means each workplace can only be inspected once every 191 years; the agency’s current budget allows it to spend only $3.85 per worker,” the AFL-CIO said in a press release on April 27.
Included within the AFL-CIO’s report, they stated that in addition to having a limited amount of inspectors, the organization has eliminated its impact inspections it previously conducted with the Mine Safety and Health Administration (MSHA), which has proposed to eliminate critical research from the National Institute for Occupational Safety and Health (NIOSH). Along with this, the DOL under the Trump administration has allowed companies to perform self-audits rather than traditional, scheduled inspections.
“Every worker should be able to go home safe and healthy at the end of their shift — but 55 years after the founding of the Occupational Safety and Health Administration, that fundamental right is in danger,” AFL-CIO President Liz Shuler said in a statement. “From the dismantling of critical federal agencies and laws to the expansion of unregulated, untested AI technology, the protections that workers fought and died for are under serious threat. The labor movement refuses to go backward.”
With eliminating this former numerical inspection goal, the DOL stated in a press release on April 10 that instead, it focuses on a broader enforcement and outreach on heat priority days — including when specifically when the National Weather Service issues a heat advisory or warning.
80 degrees Fahrenheit — as outlined by the National Weather Service — is the heat index that is listed for OSHA compliance officers to begin inspections on both indoor and outdoor job sites. With the elimination of the 100% inspection goal, an inspector is now required to ask a series of questions as outlined in Appendix I when visiting worksites to assess overall safety. Based upon the answers to these questions, an inspector will determine if a citation submission is required.
“This approach is intended to encourage early interventions by employers to prevent illnesses and deaths among workers during high heat conditions, such as working outdoors in a local area experiencing a heat wave as announced by the National Weather Service,” OHSA stated in its abstract, April 10.
The General Duty Clause
For worksites, which an OSHA compliance officer determines require a citation following an inspection, they will utilize its “General Duty Clause” — a standard enacted in 1970, which binds employers to comply with OSHA standards and ensures a workplace is free from hazard, according to OSHA’s website.
Though over five decades old, this rule is required for usage as a more specified, federal heat standard — which was published to the Federal Register in August 2024 and was designed to work in conjunction with the General Duty Clause — has remained stalled for the past two years. Titled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” this new adoption would require employers to comply with a written heat plan, hydration, shade and provide mandatory, 15 minute paid rest breaks, among others.
While this proposal went before a public hearing over June and July 2025, with a post-hearing comment period, which ended in October 2025, OSHA has not released additional information on this potential policy at this time.
Holding Employers Accountable
One focal point — including for the AFL-CIO — is that this new NEP policy does not go far enough to protect workers in high-risk industries.
“This new policy limits OSHA’s ability to hold bosses accountable when they fail to protect workers from heat on the job,” Shuler said in a statement. “It puts workers’ lives in danger, plain and simple.”
In addition to a 100% inspection goal elimination, in July 2025, OSHA additionally updated its standard for small businesses, which reduced an employers’ penalty for businesses with 25 employees or fewer on a job site by 70% ( a rule, which was previously only enforced for businesses with 10 or fewer employees) — leaving a company or employer responsible for 30% of its original fine, according to Phillips Fisher LLC.
For companies and organizations with concerns surrounding these policy updates, Fisher Phillips LLC recommends a set of heat safety protocols for employers to follow — regardless of state or federal regulation:
- Check the heat index to set triggers, starting precautions around 80 degrees
- Provide ample water and rest breaks
- Schedule around the weather
- Create a heat illness prevention plan
- Implement acclimatization for new and returning workers
- Train supervisors and staff to recognize red flags
And though this policy has left many quizzical, Kansas City Building and Construction Trades
Council Business Manager Ralph Oropeza highlighted the journey and overall improvements worksites have undergone throughout the years.
“Heat has gotten so much better; it’s a serious health issue. OSHA is on every job; a violation is a violation,” Oropeza said in an interview. “The requirements have gotten better and have been a lot better. We’ve emphasized it can’t be our grandpa’s construction site. It’s a profession, and we need to treat it as such.”
States, while not required, are encouraged to adopt OSHA’s 2026 NEP Heat-Hazard policy change. Certain states — such as California — have their own individual OSHA approved policy. However, Missouri and Kansas both adhere to federal OSHA rules. For states who decide to adopt this new instruction, OSHA requires this implementation to occur within 60 days of the effective date — or by June 9. State plans must additionally submit a notice of intent to OSHA through its “Federal e-Rulemaking Portal” to indicate whether or not they have a similar policy in place.
“Heat illness remains a serious hazard for indoor and outdoor workers, leading to preventable injuries and fatalities every year. Ensuring that employers take the steps needed to safeguard workers is essential and this updated program allows OSHA to better focus on outreach, compliance assistance and enforcement efforts in high-risk industries and promote effective prevention practices,” OSHA said in a press release.
Julia Williams — a Kansas City native — is a reporter and digital producer for The Labor Beacon. A University of Missouri School of Journalism alumna, she previously served as the editor-in-chief of The Northeast News before joining The Labor Beacon staff.
Williams’s grandfather was a Claycomo Ford Motor Company retiree and avid UAW Local 249 supporter, allowing her to understand the union difference from a young age.
In her free time, Williams enjoys spending time with her family, traveling to see her friends and hanging out at home with her cat, Greta. She loves a good cup of coffee, seeing local, live music and shopping secondhand. With a passion for storytelling, she hopes to bring her knowledge of journalistic integrity to the Kansas City union community — giving union and labor workers a voice, while holding people in powerful positions accountable.
