States Can Act Now to Create Workplace Heat Standards

Twenty-one states and Puerto Rico have the authority to set their own heat standards for both the private sector and state and local government workers, with or without a federal standard (except in Kentucky, where lawmakers passed a law in 2025 that prohibits the state’s OSHA from developing new or more stringent standards for private sector workers than federal OSHA).  

California, Maryland, Minnesota, Nevada, Oregon, and Washington have already created their own heat standards, although with big differences in scope and stringency. For example, Maryland and Oregon’s rules cover most indoor and outdoor workers, while Washington only covers outdoor workers. Nevada’s standard allows employers to decide when workplaces are too hot, whereas the other five have specific initial and high temperature thresholds for action. 

Puerto Rico and the other 15 state plan states don’t have standards yet—but more are coming soon. In Virginia, for instance, a new law directs the Department of Labor and Industry to create an enforceable standard no later than May 1, 2028.  

Standards in these state plan states would survive the eventual adoption of a federal heat standard as long as they are at least as effective as the federal rule. States with existing standards can also continue to strengthen their rules through their normal regulatory process, as Washington did after a deadly heat wave in 2021. 

Connecticut, Illinois, Maine, Massachusetts, New Jersey, New York, and the Virgin Islands only cover state and local government workers. OSHA is responsible for everyone else.  

These state-level OSHAs already have the authority they need to develop heat standards for their covered workers but will likely need state legislation to protect private sector workers as well. Massachusetts is one state considering such a path.  

Although any new heat protections for private sector workers would eventually be pre-empted by a federal standard, a well-structured law would ensure continued protection for state and local government workers.  

Private sector workers in all other states, plus the District of Columbia, are under OSHA’s control. The health and safety of state and local government workers in those jurisdictions are barely protected at all. 

In these states and D.C., the only path to a state standard is authorizing legislation. Colorado, the only federally controlled state with a heat standard, went that route when it passed a law in 2021 directing the development of safeguards for agricultural workers.  

States such as Pennsylvania are now considering their own, more comprehensive legislation. To be enforceable, these types of standards must include an independent state enforcement mechanism. Federal OSHA would not enforce the specific heat protections, although it would continue to enforce an employer’s obligation under the General Duty Clause to protect workers from extreme heat. 

As with the limited state plan states, heat standards for private sector workers would eventually be pre-empted by federal standards, but protections for state and local government workers could endure.  

Passing laws and writing regulations is hard work. So why bother if OSHA might eventually take over? There are three good reasons to act with urgency and determination.   

First, OSHA takes an average of more than seven years to develop and finalize worker protection standards. One rule took more than 40 years to get across the finish line! Deadly heat hazards aren’t waiting for the federal government. Workers shouldn’t have to either.  

Second, many observers are concerned that President Trump’s OSHA will finalize a weak heat standard that echoes Nevada’s inadequate one. But that would fly in the face of the mountains of evidence in the rulemaking docket, including scientific studies, personal testimony from workers and their representatives, and the federal government’s own statistics. This means worker advocates will sue, potentially tying up the rule in courts for years. Deadly heat hazards aren’t waiting for the courts. Workers shouldn’t have to either.  

Finally, every new state standard is an opportunity to demonstrate that commonsense measures prevent debilitating injuries and save lives. It will be much harder for OSHA to do the minimum—or to entirely walk away from this issue—when state after state does the right thing by its overheated, under-protected workers. Workers need action now. State leaders need to step up. 

Thanks to Douglas Parker, fellow for the Center for Labor & a Just Economy at Harvard Law School, for reviewing this piece.