Still Hot In Here: OSHA Turns Up The Temperature On Enforcement

In our September 2024 blog post, we tracked OSHA’s ambitious proposal to create a first-of-its-kind federal heat standard. That proposal introduced strict “trigger” temperatures of 80°F and 90°F and sought to move away from the “General Duty Clause” that OSHA has used to issue nearly 350 heat-related citations since 1986.

However, the regulatory landscape has shifted. Following the January 2025 regulatory freeze by the Trump administration, the 2024 proposed heat rule has effectively been halted. But don’t mistake a stalled rule for a lack of enforcement. While the new “standard” is on ice, OSHA’s updated National Emphasis Program (NEP), effective April 10, 2026, is very much alive.

Here is how the 2026 NEP revision changes the game for construction employers:

1. Enforcement Without a Standard

Even without the 2024 rule, OSHA is doubling down on inspections using its existing authority. The 2026 update uses the latest BLS injury data to sharpen its focus. While construction remains a primary target, the update places a massive spotlight on energy and infrastructure:

• Construction -Residential, Nonresidential, Utility Systems, Highway/Street/Bridge projects, and Specialty Trade Contractors

• Energy – Electric Power Generation, Transmission, and Distribution and Wired/Wireless Telecommunications
• Other – Architectural, Engineering, and Related Services, Sawmills and Wood Preservation, Petroleum and Coal Products Manufacturing, Plastic Product Manufacturing, Clay Product and Refractory Manufacturing, Cement and Concrete Product Manufacturing, Steel Product Manufacturing from Purchased Steel, Nonferrous Metal (except Aluminum) Production and Processing, Foundries, Architectural and Structural Metals Manufacturing  A-2, Metalworking Machinery Manufacturing, Electrical Equipment Manufacturing

2. The New “Field Audit” (Appendix I)

A critical part of the 2026 update is Appendix I. This is the exact 11-point checklist inspectors use to evaluate your site. They are no longer just looking for a water cooler; they are looking for a Designated Heat Safety Representative, a clear process for monitoring worker exertion, and whether your heat program is, indeed, “effectively communicated.”

3. Acclimatization Is Still the Priority

The 2024 proposal heavily emphasized “acclimatization” (gradually easing new workers into the heat). Even with the rule frozen, the 2026 NEP makes a lack of acclimatization a primary trigger for citations. If an inspector sees a new hire doing high-intensity labor in peak sun without a documented ramp-up period, expect a “General Duty” citation.

4. The “Unprogrammed” Hazard Coding

Under the revised NEP, OSHA has added new coding for Unprogrammed Emphasis Hazards. This means if an inspector is on your site for a fall protection or trenching inspection, they are now specifically instructed to hunt for and code heat hazards at the same time. One routine visit can now easily trigger a heat safety audit.

5. Standardized Fines (Appendix J)

To fix the inconsistency of past “General Duty” citations, the 2026 update includes Appendix J. This provides a standardized framework for how inspectors should issue violations. It removes the guesswork and makes it easier for the agency to cite employers for inadequate heat protections, such as a lack of shaded recovery areas or insufficient water.

The Bottom Line for Contractors

The 2024 “rule” may be stuck in regulatory limbo, but the 2026 NEP is a clear signal that OSHA is not backing down on heat enforcement. They are moving away from broad warnings and toward a clinical, checklist-based inspection style. For employers in construction and energy, the focus must shift from waiting for a rule to perfecting your implementation.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.