The summer heat in Texas doesn’t just make you uncomfortable—it can be deadly. As temperatures soar and construction sites, warehouses, and outdoor work areas become furnaces, a groundbreaking shift in workplace safety is underway. For the first time in U.S. history, federal regulators are implementing comprehensive heat safety regulations that could transform how millions of American workers stay safe on the job.
The Bottom Line: OSHA’s proposed Heat Injury and Illness Prevention standard would require employers to create a plan to evaluate and control heat hazards in their workplace, giving workers unprecedented protections against one of the most dangerous workplace hazards—extreme heat.
The Heat Crisis Facing American Workers
Millions of U.S. workers are exposed to heat in their workplaces. Although illness from exposure to heat is preventable, every year, thousands become sick from occupational heat exposure, and some cases are fatal. The statistics paint a sobering picture: Since 2011, the Bureau of Labor Statistics reports 436 people have died due to workplace heat exposure, with an annual average of 38 deaths between 2011 to 2019.
Even more concerning, almost half of heat-related deaths occur on a worker’s first day on the job or a worker’s first day back after an extended absence. Over 70 percent of heat-related deaths occur during a worker’s first week—tragedies that proper safety measures could have prevented.
In Texas, where triple-digit temperatures dominate summer months, workers face particularly severe risks. Construction crews, warehouse employees, agricultural workers, and anyone laboring in indoor environments without adequate cooling systems regularly confront life-threatening heat exposure.
OSHA’s Revolutionary New Heat Standard
After years of relying solely on general workplace safety requirements, OSHA published in the Federal Register a Notice of Proposed Rulemaking (NPRM) for Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings on August 30, 2024. This represents a monumental step forward in worker protection.
What the New Regulations Require
The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agriculture sectors where OSHA has jurisdiction. The regulations establish two critical temperature thresholds:
Initial Heat Trigger (80°F): When the “initial heat trigger” (a heat index of 80°F) is reached, employers would have to provide workers with cool drinking water in quantities of one quart per employee per hour. Additional requirements include providing rest areas and implementing acclimatization procedures for new workers.
High Heat Trigger (90°F): When temperatures reach 90°F, more stringent protections kick in. Employers must offer paid 15-minute rest breaks every two hours and monitor workers for heat illness symptoms.
The Heat Injury and Illness Prevention Plan (HIIPP)
Employers would be required to develop a Heat Injury and Illness Prevention Plan (HIIPP) with site-specific information to identify and monitor excessive heat exposure in the workplace and create plans to address it. This comprehensive plan must include:
- Designation of heat safety coordinators
- Emergency response procedures
- Employee training programs
- Procedures for responding to heat illness symptoms
- Employee input and involvement of non-managerial employees and their representatives when developing the HIIPP
Your Rights as a Worker Under Current Law
While the new federal standard works through the regulatory process, workers already possess significant rights under existing OSHA protections.
The General Duty Clause Protection
Under the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act of 1970, employers are required to provide their employees with a place of employment that “is free from recognized hazards that are causing or likely to cause death or serious harm to employees”. This includes heat-related hazards.
Your Fundamental Rights Include:
Water, Rest, and Shade: At a minimum, employers should provide adequate cool water, rest breaks and shade or a cool rest area. These aren’t optional courtesies—they’re legal requirements when heat poses a workplace hazard.
Acclimatization Period: Employees who are new or returning to a high heat workplace should be allowed time to gradually get used to working in hot temperatures. Employers who push new workers too hard too fast violate their duty to provide a safe workplace.
Training and Information: Workers and managers should also be trained so they can identify and help prevent heat illness themselves.
State-Level Protections
Several states have already implemented their own heat safety standards:
- California: Heat illness prevention requirements trigger at 80°F
- Washington: Comprehensive outdoor heat exposure rules
- Oregon: Indoor and outdoor workplace protections
- Maryland: New standards effective September 2024
- Nevada: Requirements for heat safety programs and monitoring
When Your Employer Fails: Understanding Your Legal Options
If your employer fails to provide adequate heat protection and you suffer injury or illness, you have multiple avenues for seeking justice and compensation.
Workers’ Compensation Claims
If you sustain a heat related injury or illness, then you can usually collect benefits through a workers comp claim regardless of fault. This includes instances where heat exposure exacerbates a preexisting condition, causing additional injury.
Heat-related injuries eligible for workers’ compensation include:
- Heat exhaustion
- Heat stroke
- Dehydration requiring medical treatment
- Heat-induced kidney problems
- Exacerbation of existing medical conditions
Personal Injury Claims
In certain circumstances, you may be able to pursue personal injury claims against negligent parties beyond your employer. If your injuries were the result of your employer’s or a third party’s negligence, you may be able to move forward with a personal injury lawsuit to obtain compensation.
This is particularly relevant if:
- Your employer is a non-subscriber (doesn’t carry workers’ compensation insurance)
- A third party’s negligence contributed to your heat-related injury
- Your employer’s actions constituted gross negligence or intentional misconduct
How to Report Heat Safety Violations
Workers have the right—and responsibility—to speak up about dangerous heat conditions. Here’s how to protect yourself and your coworkers:
Internal Reporting
If you see an unsafe working condition that you believe violates OSHA regulations, you should report the unsafe condition to your supervisor to provide your employer a chance to address the issue.
Filing OSHA Complaints
You (or your representative) have the right to file a confidential safety and health complaint and request an OSHA inspection of your workplace if you believe there is a serious hazard or if you think your employer is not following OSHA standards.
You can file complaints:
- Online to OSHA
- By calling your local OSHA office or 800-321-6742 (OSHA)
- By completing the OSHA complaint form and faxing, mailing, or emailing it
Protection from Retaliation
It is illegal for an employer to fire, demote, transfer or otherwise retaliate against a worker who complains to OSHA and uses their legal rights. If you believe you have been retaliated against in any way, file a whistleblower complaint within 30 days of the alleged retaliation.
Recognizing Heat-Related Illnesses
Understanding the warning signs of heat-related illness can save lives—yours and your coworkers’.
Heat Exhaustion Warning Signs:
- Heavy sweating
- Weakness or fatigue
- Dizziness
- Nausea
- Headache
- Muscle cramps
Heat Stroke Emergency Signs:
- Workers suffering from heat stroke experience mental dysfunction such as unconsciousness, confusion, disorientation, or slurred speech
- Hot, dry skin or profuse sweating
- High body temperature
- Rapid pulse
Cool these workers immediately and call 911!
The Road Ahead: Timeline for New Regulations
While no final rule or enforcement date has yet been announced, OSHA anticipates finalizing this regulation in late 2025 or early 2026, followed by a 150-day phase-in period.
Individuals who submitted a Notice of Intention to Appear (NOITA) can participate in the post-hearing comment period, which is open until September 30, 2025.
What This Means for Texas Workers
Texas workers face unique challenges due to the state’s extreme heat and recent legislative changes. The law is expected to result in the overturning of ordinances in Austin and Dallas that require workers to take 10-minute water breaks every four hours. This makes federal OSHA protections even more critical for Texas workers.
However, OSHA does not have a national standard specific to heat-related illnesses. The agency relies on the general duty clause, a section of federal labor law that requires employers to protect workers from serious occupational hazards—until the new regulations take effect.
Taking Action: Your Next Steps
If you’re working in dangerous heat conditions, don’t wait for tragedy to strike:
- Document conditions: Keep records of workplace temperatures, available water and rest areas, and any heat-related symptoms you experience.
- Know your rights: Understand that you have the legal right to a safe workplace free from heat hazards.
- Speak up: Report dangerous conditions to supervisors and, if necessary, to OSHA.
- Seek medical attention: Don’t ignore heat-related symptoms. Prompt medical care can prevent serious complications.
- Get legal help: If you’ve suffered a heat-related injury or illness, or if your employer retaliates against you for reporting safety concerns, contact an experienced personal injury attorney.
The Heat Is Rising—So Are Your Rights
The new OSHA heat safety regulations represent a historic victory for worker protection. But regulations are only as strong as their enforcement and workers’ willingness to exercise their rights. As Texas continues to break temperature records, these protections could literally be the difference between life and death for millions of American workers.
Remember: “No worker should have to get sick or die because their employer refused to provide water, or breaks to recover from high heat, or failed to act after a worker showed signs of heat illness”.
Your safety isn’t negotiable. Your rights aren’t optional. And when employers fail in their duty to protect you from dangerous heat, experienced legal advocates stand ready to fight for the justice and compensation you deserve.
If you’ve suffered a heat-related injury at work or faced retaliation for reporting unsafe conditions, Joe I. Zaid & Associates can help. Our experienced personal injury attorneys understand the complexities of workplace heat injuries and will fight tirelessly to protect your rights. Contact us today for a free consultation at (346) 756-9243.
