Senate Health Committee Chairman Bill Cassidy (R-La.), joined by 15 fellow Republican senators, sent a letter urging OSHA not to move forward with the implementation of a proposed heat regulation. OSHA's first-of-its-kind proposed rule, titled “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings,” was introduced in August 2025, and a final rule is widely expected to be issued in mid-to-late 2026. Although the specific heat standard is not yet mandatory, OSHA continues to enforce heat safety under the General Duty Clause and its National Emphasis Program (NEP), which has been extended through 2026.
While the final rule could vary slightly, the proposal establishes a two-tiered system of requirements triggered by specific heat levels:
1. Regardless of temperature triggers, the rule mandates:
• Written Heat Injury and Illness Prevention Plan (HIIPP): Mandatory for employers with more than 10 employees. It must be site-specific and include monitoring methods, emergency procedures, and a list of “heat safety coordinators.”
• Employee Involvement: Employers must seek input from non-managerial employees when developing the HIIPP.
• Training: Comprehensive initial and annual refresher training for all employees and supervisors.
2. When the Heat Index reaches 80°F, employers must implement:
• Hydration: Provide at least one quart of suitably cool drinking water per employee per hour.
• Break Areas: Provide access to shaded outdoor areas or air-conditioned/ventilated indoor areas for breaks.
• Acclimatization: Implement a 1–2 week gradual workload increase for new or returning workers (often following a “20% rule” where work duration increases 20% daily).
• Communication: Maintain regular two-way communication with all employees.
3. Additional protections are triggered when the Heat Index is 90°F and above:
• Mandatory Rest Breaks: Minimum 15-minute paid rest breaks every two hours.
• Monitoring for Symptoms: Implementation of a “buddy system” or supervisor observation to watch for signs of heat illness.
• Hazard Alerts: Issuing alerts before or during shifts to remind workers of hydration, break rights, and emergency procedures.
• Lone Worker Checks: Mandatory contact with employees working alone at least every two hours.
The senators' letter argues that a “one-size-fits-all” approach is inefficient, potentially dangerous, and harmful to jobs and businesses.