Contractors waiting for a federal heat rule before they act are reading the situation wrong. OSHA’s National Emphasis Program on heat steps up jobsite inspections this month, and it doesn’t need a finished standard to do it. Regional offices can inspect high-risk sites without a complaint, targeting roofing, concrete finishing, outdoor electrical and utility work.
What the heat enforcement looks like
The program leans on a heat-index framework: attention around 80°F, tighter expectations at 90°F. At a 90°F index, OSHA looks for a mandatory work-rest cycle, roughly 1 minute of rest for every 2 minutes worked in direct sun, or 1 in 3 indoors. The proposed federal Heat Injury and Illness Prevention standard is still in limbo. The informal hearing wrapped in mid-2025 and the comment period closed that October, but there’s no target date for a final rule, and few expect one soon.
Why waiting is the wrong move
No standard doesn’t mean no liability. OSHA retains citation authority under the OSH Act’s General Duty Clause, and a growing list of states already run their own heat illness rules with hard requirements on water, shade and acclimatization. Firms building their 2026 heat program around a rule that may not arrive are exposing crews and inviting citations at the same time. The safer read: treat the NEP as the enforcement, because for now it is. Jobsite safety culture, the kind that shows up on projects like Skanska’s Mitchell Hall, is cheaper than a fatality investigation.