On Aug. 30, 2024, OSHA issued a notice of proposed rulemaking (NPRM or proposed rule) covering hazardous heat in the indoor and outdoor work environments. Several steps remain in the regulatory process until a final, enforceable rule, but employers should be proactive in reviewing it, understanding its requirements, and preparing (or shoring up) a workplace heat safety program. A proactive approach on heat should also have near-term benefits with respect to OSHA enforcement. Over the last several years, OSHA has been actively citing employers for heat-related issues—even without a specific regulation on hazardous heat—and those citations have relied upon key concepts from the proposed rule.

OSHA has historically used the general duty clause (GDC) to cite employers for heat-related issues. The GDC requires employers to provide a workplace "free from recognized hazards that are causing or likely to cause death or serious physical harm." This approach has presented challenges to OSHA. Namely, whether a hazard was "recognized" is not always clear-cut (think 75-degree weather). The GDC also requires OSHA to suggest a means of actually reducing or eliminating the hazard, known as "abatement," which is also not always clear-cut (think delivery drivers who must step outside to deliver packages). Despite these challenges, OSHA has continued to issue heat-related GDC citations, and it has ramped up those efforts recently through its National Emphasis Program on Outdoor and Indoor Heat Related Hazards, Directive CPL 03-00-024.