Key Takeaways
- Colorado’s HB 26-1272 takes effect Aug. 12, 2026, extending heat and cold protections to all workers, not just agricultural employees.
- New York City’s Executive Order No. 17 extends outdoor heat protections to more than 1.4 million workers, including gig workers, independent contractors and day laborers.
- OSHA has no federal heat standard yet, but its updated National Emphasis Program targets high-risk industries for inspections, and the agency continues to cite employers under the General Duty Clause.
- Employers should review and update heat and cold illness prevention plans now, as more states and cities move toward mandatory worker protections.
As extreme heat events intensify across the country, workplace heat safety is drawing increased attention from federal, state and city regulators, most recently Colorado and New York City. The Occupational Safety and Health Administration (OSHA) does not have a federal heat illness standard, although it published a proposed rule on indoor and outdoor heat on Aug. 30, 2024, and indicated it will take final action on the proposed rule by October 2027. In the meantime, OSHA relies on the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act, to cite employers for heat-related hazards.
On April 10, 2026, OSHA updated its National Emphasis Program (NEP) for heat hazards, effective immediately for five years. The NEP targets 55 high-risk industries for random inspections whenever the National Weather Service issues heat advisories or warnings. Between April 2022 and December 2024, OSHA conducted approximately 7,000 heat-related inspections, issued 60 heat citations and sent 1,392 Hazard Alert Letters to employers. OSHA recommends that employers provide water, rest and shade; develop written heat illness prevention plans; acclimatize new workers; conduct training; and establish emergency response procedures.
Eight states currently have state-level heat illness standards: California, Kentucky, Maryland, Michigan, Minnesota, Nevada, Oregon and Washington. Virginia recently enacted legislation directing the Virginia Safety and Health Codes Board to adopt a heat standard by May 1, 2028. Arizona, Georgia, Illinois, Massachusetts, New Jersey, New Mexico, New York, Pennsylvania and Rhode Island are considering similar measures.
Colorado joined these efforts with a broader approach when Gov. Jared Polis signed HB 26-1272, the “Extreme Temperatures Worker Protections” act on June 6, 2026. The law takes effect on Aug. 12, 2026. Colorado previously had a heat standard covering only agricultural workers that triggers at 80°F. The new law expands protections to all workers and addresses hot and cold temperature extremes. Colorado does not have an OSHA-approved state plan. This means that if OSHA finalizes a federal heat standard, it could preempt Colorado’s law for private-sector employers.
New York City Mayor Zohran Mamdani signed Executive Order No. 17 on June 22, 2026, directing a whole-of-government response to protect workers from extreme heat. The executive order, the first of its kind in the city, directs agencies to develop comprehensive heat protections for workers, with guidance due by March 1, 2027. The order extends protections to all outdoor workers, including employees, independent contractors, gig workers and day laborers, affecting over 1.4 million workers. City officials estimate heat contributes to 500 deaths annually, making it one of the deadliest weather-related hazards.
Practical Tips for Employers
Employers regardless of jurisdiction should follow general safety tips for extreme temperatures.
- Review existing workplace safety programs for gaps related to heat and cold exposure.
- Start tracking temperature-related incidents ahead of the January 2027 data collection deadline.
- Ensure workers have access to water, shade or cool-down areas, and rest breaks during extreme heat.
- Develop or update a written heat illness prevention plan.
- Train employees and supervisors to recognize signs of heat-related illness, including heat exhaustion and heat stroke.
- Implement acclimatization procedures for new or returning workers during the first one to two weeks of heat exposure.
- Monitor weather conditions and adjust work schedules during extreme heat or cold events.
- Review workers’ compensation protocols for temperature-related claims.
- Stay informed about OSHA’s proposed federal heat standard and whether it may preempt Colorado’s law for private-sector employers.
McGuireWoods attorneys provide employers with heat illness plans and training that comply with OSHA guidance and varying state and local standards. For questions, contact the authors.