In 2022, the federal Occupational Safety and Health Administration issued a National Emphasis Program (NEP) addressing workplace heat-related hazards. The NEP was released in conjunction with OSHA developing a proposed safety standard for heat stress. While that standard remains in proposed status for now, last week OSHA announced updates to the NEP.

The main changes to the program include the removal of a number of industries from the list of employers identified for increased inspections. Most of the removed businesses involve manufacturers with largely indoor production operations, as well as hospitality, healthcare, and administrative employers. These industry members can still be inspected for heat-related risks resulting from complaints or injuries, but will not be included for program investigations. OSHA then added a number of industries not included in the original NEP, such as various agricultural and food processing businesses, telecommunications, engineering, cement, and steel production.

In addition to these industry emphasis changes, OSHA removed references in the NEP to climate change, and eliminated any set number of anticipated inspections. The NEP includes recommendations for rest breaks, cooling areas, and access to water for employees working in hot conditions. Employers found to have placed workers in danger of serious injury resulting from heat exposure can be cited under the OSH Act’s General Duty Clause.

For more information, please contact me or your regular Parker Poe contact. Click here to subscribe to our latest alerts and insights.