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Heat illness rules by state: which states protect construction workers in 2026

A registry of enforceable state heat rules, preemption laws and the federal OSHA proposal, with triggers, required protections and the share of construction jobs each covers.
Primary data
Official state heat rule texts and statutes; federal docket OSHA-2021-0009; BLS QCEW 2025; BLS CFOI 2024
Data period
Rules in force on 2026-10-08; jobs 2025 annual average; deaths 2024
Latest release used
2026-10-08
Next release
Quarterly re-check (next check January 2027)
Geography
United States: 50 states and the District of Columbia
Sources
55 (50 Tier 1)
Short answer

Heat illness rules by state, as of October 8, 2026: five states (California, Washington, Oregon, Maryland, Nevada) enforce rules covering outdoor construction work, and Minnesota sets indoor limits. Four start protections at 80°F. These states hold 18.1% of US private construction jobs. Federal OSHA's 2024 proposal remains unfinished.

5 statesenforce heat rules covering outdoor construction work (CA, WA, OR, MD, NV), checked 2026-10-08[1][5][11][13][14]
18.1%of US private construction jobs are in those 5 states (BLS QCEW, 2025)[45]
50.0%of 2024 US work deaths from environmental heat were in construction (24 of 48)[38]
769 daysfederal OSHA heat proposal pending since 2024-08-30; supplemental proposal listed for December 2026[29][33]

Heat illness rules by state: registry of rules, laws and pending actions

Checked quarterly. Last checked 2026-10-08. Entries are neutral records of public data; each links to its source record.

State or jurisdictionRule summary (trigger °F, key duties)DateEvidenceSource
California (outdoor)8 CCR 3395. Shade above 80°F; water 1 quart per employee per hour; high-heat procedures at 95°F for construction (observation, pre-shift meetings, water reminders); cool-down rest on request, at least 5 minutes; 14-day close observation; written plan.2015-05-01rule text + agency pageRecord
California (indoor)8 CCR 3396. Applies at 82°F indoors; engineering controls at 87°F temperature or heat index (82°F with restrictive clothing or radiant heat); measurement records; written procedures.2024-07-23rule text + agency pageRecord
WashingtonWAC 296-62-095 to 09560. Outdoor work, year round. 80°F (52°F in nonbreathable clothing); shade and 1 quart of water per hour; paid cool-down rest 10 minutes every 2 hours at 90°F and 15 minutes every hour at 100°F; 14-day close observation; program in accident prevention program.2023-07-17rule text + agency pageRecord
OregonOAR 437-002-0156 (applies to construction). Heat index 80°F: shade, up to 32 ounces of water per hour; heat index 90°F: written rest schedule (minimum 10 minutes every 2 hours, 15 minutes every hour at 100), observation; written acclimatization and prevention plans.2022-06-15rule text + agency pageRecord
MarylandCOMAR 09.12.32. Heat index 80°F indoor or outdoor: monitoring, written plan, shade, 32 ounces of water per hour, acclimatization up to 14 days; heat index 90°F: 10 minutes rest per 2 hours, 15 minutes per hour above 100.2024-09-30rule textRecord
NevadaR131-24 (NAC 618). No numeric trigger. Employers with more than 10 employees must do a one-time written job hazard analysis; where heat hazards exist: designated person, water, cooling, rest for symptomatic workers, training, emergency procedures in written safety program. Enforcement began 2025-04-29.2024-11-15rule text + agency pageRecord
MinnesotaMinn. R. 5205.0110. Indoor places of employment only: two-hour WBGT limits of 77°F (heavy), 80°F (moderate) and 86°F (light work); training. No outdoor rule.2014-10-02rule textRecord
Colorado7 CCR 1103-15 Rule 3. Agriculture only, at 80°F with added steps at 95°F. Does not cover construction. HB26-1272 (signed 2026-06-04) adds data collection and a model prevention plan by 2028-07-01, not a mandatory standard.2022-05-01rule text + statuteRecord
New MexicoProposed 11.5.7 NMAC (not in force). Hearing moved from January 2026 to May 2026, then set for 2026-09-21; NMED's fourth motion (2026-08-11) asks to move it to March 22 to 26, 2027.2026-08-11agency recordRecord
VirginiaVa. Code 40.1-44.2 (2026 Acts cc. 731, 732). Board must adopt an indoor and outdoor standard covering water, shade, rest, acclimatization, training, high-heat procedures and emergency response by 2028-05-01. No standard in force yet.2028-05-01statute + agency pageRecord
FloridaHB 433 (2024), s. 448.106, F.S. No state heat standard. Bars counties and cities from requiring heat exposure protections beyond state or federal law, including for contractors.2024-07-01statuteRecord
TexasHB 2127 (2023). No state heat standard. Field preemption of local rules in 8 codes, including the Labor Code; local construction water-break ordinances in Austin and Dallas were among those affected (reporting). Appeals court dismissed cities' challenge 2025-07-18.2023-09-01statute + court recordRecord
ArizonaNo heat standard. Industrial Commission approved heat guidelines for the ADOSH emphasis program on 2026-04-09 without starting rulemaking (reporting). Phoenix requires heat safety plans from City contractors.2026-04-09corroboratedRecord
New York (New York City)No state rule. NYC Executive Order 17 directs the Department of Buildings to review construction safety rules for heat and agencies to adopt heat plans for City employees and contractors.2026-06-22agency recordRecord
United States (federal OSHA)Proposed 29 CFR 1910.148 / 1926.67 (not in force). Heat index 80°F: water 1 quart per hour, shade, rest as needed; 90°F: paid 15-minute break every 2 hours, observation; written plan for more than 10 employees. Supplemental proposal listed for December 2026.2024-08-30rule text + agency pageRecord
United States (federal OSHA NEP)CPL 03-00-024 (2026). Enforcement program under the general duty clause; 55 target industries including 8 construction groups; heat priority days at heat index 80°F; in place up to 5 years.2026-04-10agency recordRecord

Heat illness rules by state: the 2026 count for construction

Six states have an enforceable workplace heat rule that reaches construction work, and five of them cover outdoor job sites. The other 44 states and the District of Columbia have no heat-specific rule for construction, so heat hazards there are cited under general duty clauses.

California, Washington, Oregon, Maryland and Nevada enforce heat illness rules that apply to outdoor construction work as of 2026-10-08 (8 CCR 3395, WAC 296-62-09530, OAR 437-002-0156, COMAR 09.12.32, Nevada R131-24).

Minnesota is the sixth state with an enforceable heat limit, but Minnesota's rule covers only indoor places of employment, using wet bulb globe temperature limits (Minn. R. 5205.0110). Indoor construction work in an enclosed building falls under that limit; outdoor sites do not.

Colorado has a heat rule, but Colorado's rule covers agriculture only and does not apply to construction (7 CCR 1103-15). Colorado HB26-1272, signed on 2026-06-04, orders data collection and a model prevention plan by 2028-07-01 rather than a mandatory standard (Colorado General Assembly).

Heat illness rules by state for construction work, October 2026

Code 5 = indoor and outdoor rule with numeric triggers (CA, OR, MD); 4 = outdoor rule with numeric triggers (WA); 3 = partial rule (NV: no numeric trigger; MN: indoor only); 2 = rule outside construction or not yet in force (CO agriculture only, NM proposed, VA due 2028); 1 = state law preempts local heat rules (FL, TX). Blank tile = no state heat rule.

Heat illness rules by state for construction work, October 2026US tile map coding each state's heat rule status for construction. California, Oregon and Maryland have indoor and outdoor rules with numeric triggers, Washington has an outdoor rule, Nevada and Minnesota have partial rules, Colorado, New Mexico and Virginia have rules outside construction or not yet in force, and Florida and Texas preempt local heat rules. All other states are blank.AKMEVTNHWA: 4WA4IDMTNDMN: 3MN3ILWIMINYRIMAOR: 5OR5NV: 3NV3WYSDIAINOHPANJCTCA: 5CA5UTCO: 2CO2NEMOKYWVVA: 2VA2MD: 5MD5DEAZNM: 2NM2KSARTNNCSCDCOKLAMSALGAHITX: 1TX1FL: 1FL1PR1 to 11 to 22 to 33 to 44 to 55 to 5Status code (1 to 5)

Source: CB&C reading of official rule texts and statutes (Cal/OSHA, WA Legislature, Oregon OSHA, Maryland DOL, Nevada LCB, MN Revisor, CDLE, NMED, Virginia DOLI, Florida Senate, Texas Legislature), checked 2026-10-08

Every state with a heat rule that covers private employers runs an OSHA-approved State Plan, except Colorado, which used its agricultural labor law. OSHA lists 21 states with State Plans covering private sector workers; 6 of those 21 states (28.6%) have a heat rule (OSHA State Plans). The remaining 29 states and the District of Columbia are under federal OSHA jurisdiction for most private employers, which includes Florida and Texas.

Heat illness rules by state compared: what each rule requires Download CSV
RuleWork coveredInitial triggerHigh-heat triggerWaterShade or coolingScheduled rest at high heatAcclimatizationWritten planEffective date
California, 8 CCR 3395 (outdoor)All outdoor work; construction is a listed high-heat industryShade present above 80°F (air temperature)95°F (air temperature)1 quart per employee per hourShade above 80°F; misting or other cooling allowed if as effectiveNone for construction (10 minutes every 2 hours applies to agriculture only); cool-down rest on request, at least 5 minutesClose observation for 14 days for newly assigned workers and during heat wavesYes, in English and majority language2015-05-01 (current text)
California, 8 CCR 3396 (indoor)Indoor work areas, including indoor construction82°FControls at 87°F temperature or heat index (82°F with heat-restricting clothing or radiant heat)Same as outdoor ruleCool-down areas kept below 82°F where feasibleNot set by scheduleClose observation for 14 daysYes2024-07-23
Washington, WAC 296-62-095 to 09560Outdoor work (agriculture and firefighting under other chapters)80°F (52°F in nonbreathable clothing), air temperature90°F and 100°FOpportunity to drink 1 quart per hourShade at or above action temperaturePaid: 10 minutes every 2 hours at 90°F; 15 minutes every hour at 100°FClose observation for 14 daysYes, in accident prevention program2023-07-17 (current text)
Oregon, OAR 437-002-0156Indoor and outdoor work, construction included80°F heat index90°F heat indexUp to 32 ounces per employee per hourShade at 80°F heat index, open on at least three sidesEmployer-designed minimum: 10 minutes every 2 hours at 90; 15 minutes every hour at 100 (simplified option up to 40 minutes per hour at 105)Written acclimatization planYes2022-06-15
Maryland, COMAR 09.12.32Indoor and outdoor work at heat index 80 or above80°F heat index90°F heat indexAt least 32 ounces per employee per hourShade open on at least three sides, or equivalent cooling10 minutes per 2 hours above 90; 15 minutes per hour above 100 (or NIOSH schedule)Up to 14 days, written schedule, no more than 20% added exposure per dayYes2024-09-30
Nevada, R131-24 (NAC 618)Employers with more than 10 employees (written safety program); indoor climate-controlled work exemptNo numeric trigger: one-time written job hazard analysisNonePotable water (29 CFR 1926.51)Means of coolingRest break for a worker with heat illness symptomsNot specifiedYes, inside written safety program2024-11-15 (enforced from 2025-04-29)
Minnesota, Minn. R. 5205.0110Indoor places of employment onlyWBGT limits: 77°F heavy, 80°F moderate, 86°F light work (two-hour average)Same limitsNot specifiedNot specifiedNot specifiedNot specifiedTraining requiredCurrent text published 2014-10-02
Colorado, 7 CCR 1103-15 Rule 3Agriculture only; does not cover construction80°F95°FYes (agriculture)Yes (agriculture)Agriculture rules onlyAgriculture rules onlyAgriculture rules only2022-05-01
Federal OSHA proposal, 29 CFR 1910.148 and 1926.67 (not in force)Indoor and outdoor work in general industry, construction, maritime, agriculture80°F heat index90°F heat index1 quart per employee per hourShade or air-conditioned break areaPaid: at least 15 minutes every 2 hours at 90First week: 20%, 40%, 60%, 80% of normal exposure, or high-heat measuresYes, for employers with more than 10 employeesProposed 2024-08-30

Transcribed from official rule texts in force on 2026-10-08. Air temperature and heat index triggers are not directly comparable. Colorado and the federal proposal are shown for reference; neither applies to construction today.

Source: [1][2][5][6][7][8][9][11][13][14][16][17][29] California Department of Industrial Relations (Cal/OSHA); California Department of Industrial Relations (Cal/OSHA); Washington State Legislature; Washington State Legislature; Washington State Legislature; Washington State Legislature; Washington State Legislature; Oregon OSHA; Maryland Department of Labor (MOSH); Nevada Legislative Counsel Bureau; Minnesota Office of the Revisor of Statutes; Colorado Department of Labor and Employment; Federal Register (GPO govinfo copy)

What the state rules require: water, shade, rest, acclimatization and written plans

The four states with numeric outdoor triggers share a common core: water, shade, close observation of new workers and a written plan. They differ most on mandatory rest at high heat, where California sets no schedule for construction.

Heat index: A National Weather Service measure that combines air temperature and relative humidity. Oregon, Maryland and the federal proposal use heat index; California and Washington use air temperature (COMAR 09.12.32.03).

WBGT (wet bulb globe temperature): An index of combined air temperature, humidity, air speed and radiant heat. Minnesota sets indoor limits in WBGT (Minn. R. 5205.0110).

  • Water: California and Washington require access to 1 quart per employee per hour; Oregon and Maryland require 32 ounces per employee per hour, the same volume (8 CCR 3395(c), WAC 296-62-09540, OAR 437-002-0156(4), COMAR 09.12.32.07).
  • Shade: all four numeric-trigger states require shade or an equally effective cooling method once the trigger is reached; Oregon and Maryland require shade open on at least three sides (WAC 296-62-09535, COMAR 09.12.32.06).
  • Rest: Washington requires paid cool-down rest of 10 minutes every 2 hours at 90°F and 15 minutes every hour at 100°F (WAC 296-62-09547). Maryland and Oregon set the same 10 and 15 minute minimums by heat index.
  • California's 10-minute rest every 2 hours at 95°F applies only to agriculture; construction workers in California may take a cool-down rest on request, for at least 5 minutes (8 CCR 3395(d)(3), (e)(6)).
  • Acclimatization: California and Washington require close observation for 14 days; Maryland requires a written schedule of up to 14 days with no more than 20% added exposure per day; Oregon requires a written acclimatization plan.
  • Written plan: California, Washington, Oregon and Maryland require one; Nevada requires heat provisions in the written safety program of employers with more than 10 employees (R131-24).
Mandatory scheduled rest for construction at high heat, minutes per 8-hour shift

At 90°F and 100°F (air temperature in CA and WA; heat index in OR, MD and the federal proposal)

Mandatory scheduled rest for construction at high heat, minutes per 8-hour shiftGrouped bar chart. At 90°F Washington, Oregon and Maryland require 40 minutes of scheduled rest per 8-hour shift and the federal proposal 60; at 100°F the three states require 120 minutes and the proposal 60. California requires no scheduled rest for construction, only rest on request.050.0100150Minutes per 8-hour shift00California40.0120Washington40.0120Oregon40.0120Maryland60.060.0Federal proposalAt 90°FAt 100°F

Source: CB&C calculation from 8 CCR 3395, WAC 296-62-09547, OAR 437-002-0156 Table 1, COMAR 09.12.32.08 and 89 FR 70698

Mandatory scheduled rest at high heat, minutes per 8-hour shift Download CSV
RuleAt 90°FAt 100°FNotes
California (air temperature)00Construction workers get cool-down rest on request (at least 5 minutes); the 10-minute schedule at 95°F is for agriculture
Washington (air temperature)40120Paid; 10 minutes every 2 hours at 90°F, 15 minutes every hour at 100°F
Oregon (heat index, Table 1 minimum)40120Simplified Table 2 option: 30 minutes every hour at 100 (240 per 8-hour shift)
Maryland (heat index)40120May be replaced by documented alternative cooling measures
Federal proposal (heat index)6060Paid; 15 minutes every 2 hours at or above 90; not in force

CB&C calculation from each rule's rest schedule, assuming exposure for the full shift. Air temperature and heat index differ; the same number on the thermometer can be a higher heat index.

Source: [1][9][11][13][29] California Department of Industrial Relations (Cal/OSHA); Washington State Legislature; Oregon OSHA; Maryland Department of Labor (MOSH); Federal Register (GPO govinfo copy)

The rest comparison assumes a full 8-hour shift above the trigger. A 90°F air temperature in Washington and a 90°F heat index in Maryland are different conditions: on a humid day the heat index can pass 90 while the air temperature is lower, so the heat-index rules can start earlier.

Trigger temperatures: 80°F starts protections in every numeric state rule

All four state rules with numeric outdoor triggers start at 80°F. High-heat steps start at 90°F in three of them and 95°F in California.

California, Washington, Oregon and Maryland all set the first trigger at 80°F, so 4 of 4 numeric outdoor rules use the same starting point (rule texts above). The federal proposal also uses an 80°F heat index initial trigger (89 FR 70698).

High-heat procedures start at 90°F in Washington, Oregon and Maryland (3 of 4 rules) and at 95°F in California, where construction is a listed high-heat industry (8 CCR 3395(a)(2), (e)).

Washington drops the trigger to 52°F for workers in nonbreathable or vapor barrier clothing, the lowest trigger in any state rule (WAC 296-62-09530 Table 1). California's indoor rule starts at 82°F, with control duties at 87°F (8 CCR 3396).

Nevada sets no temperature trigger. Instead, employers with more than 10 employees must complete a one-time written job hazard analysis listing job classifications in which most workers face heat exposure for more than 30 minutes of any 60-minute period (R131-24, sec. 5).

How much of the construction workforce the state rules cover

About one in five US private construction jobs is in a state with a heat rule. Florida and Texas, which preempt local heat rules, hold a slightly larger share than the five outdoor-rule states combined.

The five outdoor-rule states held 1,489,600 private construction jobs in 2025, 18.1% of the US total of 8,251,002 (BLS QCEW, 2025 annual averages). Adding Minnesota raises the share to 19.8%.

States with numeric outdoor triggers (California, Washington, Oregon, Maryland) held 16.7% of US private construction jobs in 2025. That leaves 80.2% of private construction jobs in states with no state heat rule reaching construction.

Florida and Texas together held 1,557,609 private construction jobs in 2025, 18.9% of the US total, more than the five outdoor-rule states combined. Texas alone, at 901,963 jobs, is larger than California at 892,415 jobs.

Private construction jobs in states with heat rules and in states that preempt local rules, 2025

Annual average payroll jobs, thousands; Texas and Florida preempt local heat rules

Private construction jobs in states with heat rules and in states that preempt local rules, 2025Horizontal bar chart. Texas has 902.0 thousand private construction jobs and California 892.4 thousand, followed by Florida at 655.6 thousand. The five outdoor-rule states together hold 18.1% of US private construction jobs, while Florida and Texas hold 18.9%.Thousand jobsTexas (preempts)902California (rule)892Florida (preempts)656Washington (rule)207Maryland (rule)165Minnesota (indoor rule)142Oregon (rule)113Nevada (rule)112

Source: U.S. Bureau of Labor Statistics, QCEW 2025 annual averages, NAICS 23 private (final data posted 2026-08-28)

Industrial misting fan beside an exposed steel building frame on a hot day
Illustrative photograph. Generated image, not a specific project.
Private construction employment by heat rule status, 2025 annual average Download CSV
StateHeat rule status (2026-10-08)Private construction jobs, 2025Share of US private construction jobs (%)
TexasNo rule; preempts local rules901,96310.9
CaliforniaRule in force (indoor and outdoor)892,41510.8
FloridaNo rule; preempts local rules655,6467.9
New YorkNo state rule; NYC executive order384,9504.7
VirginiaStandard due by 2028-05-01229,1922.8
ArizonaGuidelines and emphasis program only223,8002.7
WashingtonRule in force (outdoor)207,4262.5
ColoradoAgriculture only184,7752.2
MarylandRule in force (indoor and outdoor)165,1302.0
MinnesotaIndoor-only rule141,4931.7
OregonRule in force (indoor and outdoor)112,5851.4
NevadaRule in force (no numeric trigger)112,0441.4
New MexicoProposed; hearing not held55,4050.7
United StatesTotal, private construction8,251,002100.0

QCEW NAICS 23, private ownership, 2025 annual averages (final data posted 2026-08-28). Payroll jobs only; self-employed workers excluded.

Source: [45][47] U.S. Bureau of Labor Statistics; U.S. Bureau of Labor Statistics

States that preempt local heat rules: Florida and Texas

Florida and Texas have no statewide workplace heat standard and both bar local governments from adding one for private employers.

Florida's HB 433, effective 2024-07-01, created section 448.106 of the Florida Statutes, which bars counties, cities and other political subdivisions from requiring employers, including employers contracting with them, to meet heat exposure requirements beyond state or federal law (enrolled text). The law lists 9 types of covered requirements, from water and cooling to training and recordkeeping, and still lets local governments set rules for their own direct employees.

Texas HB 2127, the Texas Regulatory Consistency Act, took effect 2023-09-01 and bars cities and counties from regulating conduct in fields occupied by 8 state codes, including the Labor Code (Texas Legislature Online). The law is not heat-specific. The Texas Tribune reported that it covers ordinances such as the Dallas and Austin water-break rules for construction workers (Texas Tribune).

On 2025-07-18 the Texas Third Court of Appeals reversed a trial court judgment that had declared HB 2127 unconstitutional and dismissed the cities' suit for lack of standing, without prejudice (No. 03-23-00531-CV).

State laws that preempt local heat protections Download CSV
StateLawEffectiveWhat it barsStatus
FloridaHB 433 (2024), s. 448.106, F.S., Chapter 2024-802024-07-01Counties and cities may not require employers, including their contractors, to meet heat exposure requirements beyond state or federal law, or favor bidders on heat practicesIn force; local rules for a government's own employees still allowed
TexasHB 2127 (2023), Texas Regulatory Consistency Act2023-09-01Field preemption: cities and counties may not regulate conduct in fields occupied by 8 state codes, including the Labor CodeIn force; Third Court of Appeals dismissed cities' challenge on 2025-07-18

Neither state has a statewide workplace heat standard; both are under federal OSHA jurisdiction for private employers.

Source: [24][25][26][27][48] The Florida Senate; The Florida Senate; Texas Legislature Online; Texas Court of Appeals, Third District; U.S. Department of Labor, OSHA

This review did not identify another state statute that expressly preempts local workplace heat rules; the registry is limited to laws verified in official text.

Where the federal OSHA heat rule stands

OSHA published a heat standard proposal on 2024-08-30, held a hearing in 2025 and closed the record on 2025-10-30. As of the CRS update of 2026-08-18, OSHA had taken no further action; the latest Unified Agenda lists a supplemental proposal for December 2026.

Federal OSHA has no heat-specific standard; it cites heat hazards under the general duty clause, Section 5(a)(1) of the OSH Act (CRS IN11701).

The proposal, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, would apply to construction through a new 29 CFR 1926.67 that adopts the general industry text at 1910.148 (89 FR 70698). At an 80°F heat index it would require water (1 quart per employee per hour), shaded or air-conditioned break areas and rest as needed; at a 90°F heat index, a paid rest break of at least 15 minutes every 2 hours and observation for heat illness.

The written comment period closed on 2025-01-14 with more than 43,000 comments, the informal hearing ran from 2025-06-16 to 2025-07-02, and post-hearing comments closed on 2025-10-30 (OSHA rulemaking page, 90 FR 46110).

The Fall 2025 Unified Agenda lists the next step as a supplemental proposed rule in December 2026 and final action in October 2027 (RIN 1218-AD39). On 2026-10-08 the proposal had been pending for 769 days. S.4427, introduced on 2026-04-29 with 12 cosponsors, would bar OSHA from finalizing the 2024 proposal or a substantially similar standard (Congress.gov).

OSHA conducted an average of 2,400 heat-related inspections a year in 2022 to 2025, 6% of all federal OSHA inspections, according to CRS (CRS IN11701). The 2026 program removed 46 industries, kept 33 and added 22, and dropped the numeric inspection goal. For citation patterns on commercial sites see OSHA violations in commercial construction.

Federal OSHA heat rule: timeline of the rulemaking Download CSV
DateActionCitation
2021-10-27Advance notice of proposed rulemaking86 FR 59309
2024-08-30Proposed rule published (docket OSHA-2021-0009, RIN 1218-AD39)89 FR 70698
2024-11-29Comment period extended; informal hearing scheduled89 FR 94631
2025-01-14Written comment period closed (more than 43,000 comments)89 FR 94631; CRS IN11701
2025-06-16 to 2025-07-02Informal public hearing heldOSHA rulemaking page
2025-10-30Post-hearing comment period closed90 FR 46110
2026-04-10Heat National Emphasis Program reissued for up to 5 yearsCPL 03-00-024
2026-04-29S.4427 introduced to bar finalizing the proposalCongress.gov
2026-08-18CRS: no further OSHA action on the proposalCRS IN11701
2026-12 (projected)Supplemental proposed ruleFall 2025 Unified Agenda
2027-10 (projected)Final actionFall 2025 Unified Agenda

Projected dates are agency estimates from the Unified Agenda, not commitments.

Source: [33][29][30][31][32][34][36][37] Office of Information and Regulatory Affairs (RegInfo.gov); Federal Register (GPO govinfo copy); Federal Register; Federal Register; U.S. Department of Labor, OSHA; U.S. Department of Labor, OSHA; Congress.gov; Congressional Research Service

States moving toward a rule: Virginia, New Mexico, Arizona and New York City

Virginia is the only state with a statutory deadline for a new heat standard. New Mexico's proposal has stalled, and Arizona chose guidelines over rulemaking.

Virginia's 2026 law, Va. Code 40.1-44.2, requires the Safety and Health Codes Board to adopt an indoor and outdoor heat illness standard by 2028-05-01, covering water, shade or climate-controlled areas, rest, acclimatization, training, high-heat procedures and emergency response, with an exemption for exposures of 15 consecutive minutes or less (Code of Virginia). The Virginia Department of Labor and Industry scheduled 3 advisory panel meetings for October 15, October 29 and November 12, 2026 (Virginia DOLI).

New Mexico's Environment Department proposed 11.5.7 NMAC in March 2025. The hearing set for January 12 to 14, 2026 was reset to begin 2026-05-04 (EIB order), and on 2026-08-11 the Department filed a fourth motion to vacate the 2026-09-21 hearing and move it to March 22 to 26, 2027, stating that consensus had not been reached (NMED motion). New Mexico and Virginia together held 284,597 private construction jobs in 2025, 3.4% of the US total.

Arizona has no heat standard. The Industrial Commission of Arizona approved heat guidelines for its state emphasis program on 2026-04-09 without starting a rulemaking, according to Cronkite News (Cronkite News). The City of Phoenix requires City contractors to keep a written heat safety plan (City of Phoenix).

New York has no state heat rule for private employers. New York City Executive Order 17, signed 2026-06-22, directs the Department of Buildings to review whether construction safety requirements protect against heat illness and to remind contractors to report heat incidents (NYC Mayor's Office).

Heat deaths in construction: why the rules focus on job sites

Construction accounted for half of US work deaths from environmental heat in 2024 while holding about 6% of private payroll jobs.

Exposure to environmental heat killed 48 US workers in 2024, and 24 of them (50.0%) worked in private construction (BLS CFOI Table A-9, 2024). 22 of the 24 construction heat deaths (91.7%) were outdoor exposures.

Construction held 6.14% of US private payroll employment in 2024 (BLS QCEW), so construction's share of heat deaths was 8.1 times its share of jobs. Heat was 2.3% of the 1,034 construction fatal injuries in 2024; see construction worker deaths for the full breakdown.

US work deaths from exposure to environmental heat, all workers, 2019 to 2024

Construction accounted for 24 of 48 deaths in 2024

US work deaths from exposure to environmental heat, all workers, 2019 to 2024Bar chart of heat deaths at work: 43 in 2019, 56 in 2020, 36 in 2021, 43 in 2022, 55 in 2023 and 48 in 2024, an average of 46.8 a year.020.040.060.080.0Deaths43.0201956.0202036.0202143.0202255.0202348.02024

Source: U.S. Bureau of Labor Statistics, Census of Fatal Occupational Injuries, Table A-9, 2019 to 2024 (2024 data released 2026-02-19)

Fresh asphalt on a commercial site at noon with heat shimmer and a parked roller
Illustrative photograph. Generated image, not a specific project.

All-worker heat deaths averaged 46.8 a year from 2019 to 2024 and fell by 7 from 2023 to 2024. BLS did not publish a construction heat count for 2019, 2021 or 2023, and published 21 for 2020 and 17 for 2022. CFOI counts fatal injuries, so heat illness deaths without a recorded injury event may be missed. The 2024 data were released on 2026-02-19 (BLS).

US work deaths from exposure to environmental heat, 2019 to 2024 Download CSV
YearAll workersPrivate constructionConstruction share (%)
201943Not publishedNot available
2020562137.5
202136Not publishedNot available
2022431739.5
202355Not publishedNot available
2024482450.0

BLS CFOI Table A-9, event code 531. BLS did not publish a construction count for 2019, 2021 or 2023.

Source: [38][39][40][41][42][43] U.S. Bureau of Labor Statistics; U.S. Bureau of Labor Statistics; U.S. Bureau of Labor Statistics; U.S. Bureau of Labor Statistics; U.S. Bureau of Labor Statistics; U.S. Bureau of Labor Statistics

Heat exposure follows the building season; construction seasonality shows how construction activity peaks in summer months, and construction safety data covers other site hazards.

Counts and distributions

Count of states whose heat rules cover construction

Formulacount of states with an enforceable heat rule applying to outdoor construction work; then add indoor-only rules

Inputs: fact rows for CA, WA, OR, MD, NV and MN rule texts (fact sheet rows)

Result: 5 states cover outdoor construction; 6 including Minnesota's indoor-only rule

Coverage is concentrated on the West Coast plus Maryland and Nevada.

Limitations: Nevada has no temperature trigger and covers employers with more than 10 employees; Colorado's agricultural rule is excluded.

Share of US private construction jobs covered

Formulasum of 2025 QCEW private NAICS 23 jobs in covered states / US total x 100

Inputs: QCEW rows for CA, WA, OR, MD, NV, MN and US (fact sheet rows)

Result: 18.1% (five outdoor-rule states); 19.8% with Minnesota; 16.7% in numeric-trigger states

About 80.2% of private construction jobs are in states with no state heat rule reaching construction.

Limitations: Payroll jobs only; excludes self-employed workers and public-sector construction workers.

Trigger temperature distribution

Formulacount of numeric outdoor state rules by initial and high-heat trigger

Inputs: fact rows for CA, WA, OR, MD triggers (fact sheet rows)

Result: Initial trigger 80°F in 4 of 4 rules; high-heat tier at 90°F in 3 of 4, at 95°F in 1 (California)

The 80°F starting point is uniform; the rules diverge on what happens at high heat.

Limitations: California and Washington measure air temperature; Oregon and Maryland measure heat index.

Construction jobs in states that preempt local heat rules

Formula(FL + TX private NAICS 23 jobs, 2025) / US x 100

Inputs: QCEW rows for FL, TX, US (fact sheet rows)

Result: 1,557,609 jobs, 18.9% of the US total

More construction jobs sit in the two preempting states than in the five outdoor-rule states.

Limitations: Texas preemption is general field preemption, not heat-specific.

Construction heat death concentration ratio

Formula(construction heat deaths / all heat deaths) / (construction private jobs / all private jobs)

Inputs: CFOI 2024 rows; QCEW 2024 US rows (fact sheet rows)

Result: 50.0% / 6.14% = 8.1 times

Construction carries heat deaths far out of proportion to its workforce.

Limitations: Single year with small counts; CFOI includes self-employed workers, QCEW does not.

Mandatory scheduled rest per 8-hour shift at high heat

Formularest minutes per interval x intervals in 8 hours

Inputs: fact rows for WA, OR, MD, CA and federal rest schedules (fact sheet rows)

Result: WA, OR, MD: 40 minutes at 90°F and 120 at 100°F; federal proposal 60; California 0 for construction

The largest gap among the four numeric states is California, which relies on rest on request for construction.

Limitations: Assumes the whole shift is above the trigger; Oregon's simplified option requires more.

Download the calculations (CSV)

Key findings

  1. Five US states enforce heat illness rules that cover outdoor construction work as of 2026-10-08: California, Washington, Oregon, Maryland and Nevada.[1][5][11][13][14]
  2. Minnesota is the only other state with an enforceable heat limit reaching construction, and it applies only to indoor places of employment.[16]
  3. Colorado's heat rule, effective 2022-05-01, covers agriculture only and does not apply to construction.[17]
  4. All 4 state rules with numeric outdoor triggers start protections at 80°F; 3 start high-heat steps at 90°F and California at 95°F.[1][9][11][13]
  5. The five outdoor-rule states held 1,489,600 private construction jobs in 2025, 18.1% of the US total.[45]
  6. Florida and Texas, which preempt local heat rules, held 1,557,609 private construction jobs in 2025, 18.9% of the US total.[45][24][26]
  7. Washington, Oregon and Maryland require at least 10 minutes of rest every 2 hours at 90°F and 15 minutes every hour at 100°F; California sets no rest schedule for construction.[9][11][13][1]
  8. Federal OSHA's heat proposal, published 2024-08-30, would set an 80°F heat index trigger and paid 15-minute breaks every 2 hours at a 90°F heat index.[29]
  9. OSHA closed the heat rule record on 2025-10-30, and CRS reported on 2026-08-18 that no further action had been taken.[32][37]
  10. The Fall 2025 Unified Agenda lists a supplemental heat proposal for December 2026 and final action for October 2027.[33]
  11. OSHA reissued its Heat National Emphasis Program on 2026-04-10 for up to 5 years, targeting 55 industries including 8 construction groups.[34][35]
  12. Construction accounted for 24 of 48 US work deaths from environmental heat in 2024 (50.0%).[38]
  13. Virginia must adopt a heat illness standard by 2028-05-01 under a 2026 law; New Mexico's proposed rule hearing may move to March 2027.[23][22][21]

Executive summary

  • Five states enforce heat rules covering outdoor construction: California, Washington, Oregon, Maryland and Nevada. Minnesota sets indoor-only limits.
  • Colorado's heat rule covers agriculture only; its 2026 law adds a model plan by 2028-07-01, not a mandate.
  • California, Washington, Oregon and Maryland all start water and shade duties at 80°F; high-heat steps start at 90°F, except California at 95°F.
  • The five rule states hold 18.1% of US private construction jobs; Florida and Texas, which preempt local heat rules, hold 18.9%.
  • Federal OSHA's 2024 proposal is unfinished: the record closed 2025-10-30 and a supplemental proposal is listed for December 2026.
  • OSHA reissued its Heat National Emphasis Program on 2026-04-10, covering 8 construction industry groups.
  • Construction accounted for 50.0% of US work deaths from environmental heat in 2024.

Questions people ask

Is there a federal heat standard for workers?

No. As of 2026-10-08 federal OSHA has no heat-specific standard and enforces heat hazards through the general duty clause and its 2026 Heat National Emphasis Program. OSHA's proposed standard, published 2024-08-30, has not been finalized; the Fall 2025 Unified Agenda lists a supplemental proposal for December 2026 (RegInfo.gov).

What temperature is too hot to work outside?

No US rule sets a temperature at which outdoor work must stop. State rules set action levels instead: water and shade duties start at 80°F in California, Washington, Oregon and Maryland; high-heat steps start at 90°F in Washington, Oregon and Maryland and at 95°F in California. At 100°F Washington and Maryland require 15 minutes of rest every hour.

Which states require water and shade breaks?

California, Washington, Oregon and Maryland require water (1 quart, or 32 ounces, per employee per hour) and shade or equivalent cooling once their trigger is reached. Nevada requires water and a means of cooling in the written safety program but sets no temperature trigger. Colorado's water and shade rules cover agriculture only.

Does Florida have a heat law for workers?

Florida has no workplace heat standard. Florida's 2024 law, HB 433, does the opposite of a heat rule: since 2024-07-01 it has barred counties and cities from requiring employers or their contractors to provide heat protections beyond state or federal law (Florida Senate). Private employers in Florida fall under federal OSHA.

What is OSHA's heat rule status?

The proposal is still pending. OSHA held the hearing from 2025-06-16 to 2025-07-02 and closed post-hearing comments on 2025-10-30; CRS reported on 2026-08-18 that no further action had been taken. The agenda projects a supplemental proposal in December 2026 and final action in October 2027.

Frequently asked questions

How many states have heat illness rules for construction workers?

Five states, California, Washington, Oregon, Maryland and Nevada, enforce heat rules that cover outdoor construction as of 2026-10-08. Minnesota adds indoor-only limits, for 6 states with any coverage.

Does California's heat rule apply to construction?

Yes. 8 CCR 3395 covers all outdoor work and lists construction as a high-heat industry, so high-heat procedures apply at 95°F. The indoor rule, 8 CCR 3396, applies at 82°F and took effect on 2024-07-23.

Does Texas have a heat law for construction workers?

Texas has no state heat standard. HB 2127, effective 2023-09-01, preempts local rules in fields covered by 8 state codes, and the Third Court of Appeals dismissed the cities' challenge on 2025-07-18.

What heat index triggers do Oregon and Maryland use?

Both start protections at an 80°F heat index and require high-heat procedures, including scheduled rest, at a 90°F heat index.

Do heat rules require paid rest breaks?

Washington requires paid cool-down rest, including mandatory rest of 10 minutes every 2 hours at 90°F. The federal proposal would require a paid 15-minute break every 2 hours at a 90°F heat index.

How much water must employers provide?

California, Washington and the federal proposal use 1 quart per employee per hour; Oregon and Maryland use 32 ounces per hour, the same amount.

How long is acclimatization under state heat rules?

California and Washington require close observation of new workers for 14 days. Maryland allows up to 14 days with exposure rising no more than 20% a day. The federal proposal caps new workers at 20%, 40%, 60% and 80% of normal exposure on days one to four.

Does OSHA inspect construction sites for heat?

Yes. The 2026 Heat National Emphasis Program targets 8 construction industry groups among 55 industries, and OSHA averaged 2,400 heat-related inspections a year from 2022 to 2025.

How many construction workers die from heat each year?

BLS counted 24 construction deaths from environmental heat in 2024, half of the 48 heat deaths across all workers. BLS published 21 for 2020 and 17 for 2022.

Which states are writing new heat rules?

Virginia must adopt a standard by 2028-05-01, and New Mexico's proposed 11.5.7 NMAC awaits a hearing that its Environment Department has asked to move to March 2027.

Download the data

Every table in this report is available as a CSV under CC BY 4.0. The fact sheet lists each value with its source URL and access date.

For journalists and researchers

If you cite only a few, cite these

  1. Five states enforce heat rules covering outdoor construction work as of 2026-10-08; Minnesota adds indoor-only limits.[1][5][11][13][14][16]
  2. Those five states hold 18.1% of US private construction jobs, while preempting states Florida and Texas hold 18.9%.[45]
  3. Construction accounted for 50.0% of US work deaths from environmental heat in 2024.[38]

Most quotable statistics

  • Five US states enforce heat illness rules covering outdoor construction work as of October 2026: California, Washington, Oregon, Maryland and Nevada.[1][5][11][13][14]
  • States with heat rules covering outdoor construction hold 18.1% of US private construction jobs (BLS QCEW, 2025).[45]
  • Florida and Texas, which bar local heat rules, hold 18.9% of US private construction jobs, more than the five rule states combined.[45][24][26]
  • Construction accounted for half of US work deaths from environmental heat in 2024: 24 of 48.[38]
  • Every state rule with a numeric outdoor trigger starts protections at 80°F.[1][5][11][13]
  • Federal OSHA's heat proposal had been pending for 769 days on 2026-10-08, with a supplemental proposal listed for December 2026.[29][33]

Press summary

Five US states, California, Washington, Oregon, Maryland and Nevada, enforce workplace heat illness rules that cover outdoor construction work, according to a review of official rule texts checked on October 8, 2026 by Commercial Builders & Contractors. Minnesota sets indoor-only limits, and Colorado's rule covers agriculture only. The five states hold 18.1% of US private construction jobs, based on 2025 BLS QCEW data. Florida and Texas, which bar cities from adopting their own heat protections, hold 18.9%. All four state rules with numeric outdoor triggers start at 80°F, but required rest differs: Washington, Oregon and Maryland require 120 minutes per 8-hour shift at 100°F, while California sets no rest schedule for construction. Federal OSHA's heat proposal, published in August 2024, has not been finalized; the latest agenda lists a supplemental proposal for December 2026. Construction accounted for 24 of 48 US work deaths from environmental heat in 2024.

Suggested headlines

  • Only five states enforce heat rules for outdoor construction work in 2026
  • Heat rule states cover 18.1% of US construction jobs; Florida and Texas cover none
  • 80°F is the common trigger in state heat rules, but rest requirements split
  • Federal heat standard still pending more than two years after OSHA's proposal
  • Construction accounted for half of US work heat deaths in 2024

How to cite this report

Commercial Builders & Contractors. (2026). Heat illness rules by state: which states protect construction workers in 2026. Retrieved from https://commercialbuildersandcontractors.com/heat-illness-rules-by-state/

Reuse license

Data and tables are licensed CC BY 4.0. Attribution: “Source: Commercial Builders & Contractors, Heat illness rules by state: which states protect construction workers in 2026” with a link to this page.

Methodology

Selection: CB&C reviewed the official text of every state workplace heat rule named by OSHA, CRS and the brief (California, Washington, Oregon, Colorado, Maryland, Nevada, Minnesota), plus pending actions found in agency dockets and legislative sites (New Mexico, Virginia, Colorado HB26-1272) and state preemption laws (Florida HB 433, Texas HB 2127). Rule texts were read on agency or legislature websites; Oregon OSHA documents and some other pages were retrieved through a text proxy because of network or bot blocks, and copies are stored with the report data.

Inclusion: a state counts as having a rule covering construction only if an enforceable regulation applies to private construction work. Guidelines, emphasis programs, executive orders for public contractors, statutes that only direct future rulemaking, and proposed rules are listed in the registry but not counted. Colorado is excluded from the count because its rule covers agriculture only.

Conflicting sources: OSHA's Heat Standards page lists 5 states and omits Maryland and Nevada; CRS (updated 2026-08-18) and the rule texts confirm both, so both are included. Where a news report gave a different signing date than the official bill history (Colorado HB26-1272), the official date was used.

Derived metrics: employment shares use BLS QCEW 2025 annual averages for private NAICS 23 (final data posted 2026-08-28). Rest minutes per shift multiply each rule's minimum rest by the number of intervals in an 8-hour shift. The heat death concentration ratio divides construction's 2024 share of heat deaths (CFOI) by its 2024 share of private payroll jobs (QCEW). All formulas and input rows are in derived_metrics.csv.

Limitations: air temperature and heat index triggers are not directly comparable; QCEW excludes self-employed workers while CFOI includes them; CFOI construction heat counts are small and unpublished in 3 of the 6 years shown; Unified Agenda dates are projections. Only the bill text and official pages listed were checked; other introduced bills in 2026 sessions were not reviewed in full.

Last updated 2026-10-08. The registry is re-checked quarterly. The current BLS CFOI release covers 2024 (released 2026-02-19); 2025 data had not been released when this report was checked.

This report presents published data with its limitations. It is not legal, financial or investment advice.

Sources, ranked by quality

Tier 1: primary and official sources (50)

Tier 3: journalism and expert commentary (5)