A potential return of Donald Trump to the White House could significantly impact the fate of OSHA’s proposed heat safety rule. Introduced to protect workers from heat-related illnesses and injuries, the proposed rule may now be at risk, with experts suggesting that it could be abandoned before becoming finalized. However, some form of alternative guidance may still emerge in its place, maintaining some level of heat safety expectations for employers.
The proposed rule, which OSHA published and opened for public comment during the summer, addresses rising concerns over worker safety in high-heat conditions. The public comment period ends on December 30, after which OSHA would typically take several months to review the feedback, finalize the rule, and make it enforceable. However, a change in administration on January 20 would likely delay or even nullify the rule’s progress, leaving many wondering what will become of these critical safety measures.
The heat safety rule mandates a Heat Injury and Illness Prevention Plan (HIIPP), requiring employers to implement specific measures when workplace temperatures reach particular thresholds. For instance, employers would need to put additional protections in place when temperatures reach 80 degrees Fahrenheit, known as the “heat trigger.” These measures would escalate at a higher threshold of 90 degrees, called the “high-heat trigger.” Among these measures, the rule requires worker training, accessible drinking water and shade, an assigned heat safety coordinator, and clear communication of the safety plan in every language spoken on-site.
One of the key concerns with implementing the HIIPP rule is the challenge of enforcing and complying with such a detailed, extensive set of guidelines. Critics argue that the proposed standards are overly complex, potentially making it difficult for employers to meet all requirements consistently. Additionally, they worry that the rule could inadvertently set employers up for failure by expecting strict compliance under varied and sometimes unpredictable conditions.
If the proposed heat safety rule does not proceed under the Trump administration, that does not mean all heat safety standards will disappear. OSHA’s National Emphasis Program (NEP) on heat safety, which emphasizes the importance of water, rest, and shade for workers exposed to high heat, is set to remain in effect until at least April 2025. This program has focused particularly on agricultural sectors where temporary H-2A visa workers are employed seasonally, as agricultural workers face heat-related death risks over 35 times higher than other industries. OSHA increased its heat-related inspections in these industries under a program launched in 2022, which has aimed to prioritize the protection of vulnerable workers facing intense heat exposure.
The NEP has become an essential tool for OSHA, offering at least a temporary framework for heat protection if a more formal standard is not pursued. In addition to the NEP, OSHA’s General Duty Clause still requires employers to address and mitigate hazards in the workplace, including extreme heat. Therefore, contractors and employers across sectors would still be expected to provide necessary protections in high-heat conditions, even without the finalized HIIPP rule.
While OSHA’s emphasis on heat safety will persist to some extent under the NEP, the long-term trajectory of heat safety standards remains uncertain. Experts believe that a second Trump administration would likely move away from additional rulemaking measures, which means new, comprehensive heat safety rules are unlikely to be finalized. However, a possibility remains that some form of a heat safety guideline or standard may emerge in place of the abandoned rule. Given that President Trump has garnered more populist support than during his first term, it is not entirely certain that workplace regulations will be removed entirely. Instead, there could be a push to establish simpler, less burdensome guidelines that maintain baseline safety expectations without imposing the detailed compliance requirements that the current proposed rule entails.
Employers are encouraged to remain attentive to OSHA’s stance on heat safety requirements, as some form of guidance may still emerge to replace the proposed HIIPP rule. This alternative may not have the same level of detail or specificity but could aim to address worker heat safety without creating significant compliance challenges for employers. In the meantime, the NEP and OSHA’s General Duty Clause continue to hold employers accountable for protecting workers from high heat, reinforcing that some safety requirements are likely to persist in the absence of the new rule.
In the coming months, OSHA’s approach to heat safety under a potential Trump administration will be closely watched by industry professionals, safety advocates, and employers, who remain vigilant for any new developments that might shape the future of worker protections in high-heat environments.
