Here’s What Construction Employers Must Do Now
Temps this spring have already broken records in several places—including Arizona. And just in time for the temps to really rise, OSHA activated a revised Heat National Emphasis Program (NEP) on April 10, 2026. While it’s not the final Heat Illness Prevention Standard (which remains in proposed rulemaking), the NEP is an enforcement program that gives OSHA immediate authority to conduct programmed inspections and issue General Duty Clause citations for heat hazards. Construction employers should treat this as an urgent compliance trigger—and enforcement has already begun.
This article explains what the Heat NEP is, how it differs from the eventual standard, which industries it targets, and why on-site occupational health care is so crucial for compliance.
What is the Heat NEP, and How is it Different from a Standard?
A National Emphasis Program is an enforcement directive that tells OSHA compliance officers which industries to prioritize for inspections. The Heat NEP (CPL 03-00-024) is a five-year program that identifies 55 high-risk industries for heat-related hazards and establishes formal inspection protocols.
Key distinction: The NEP is not a regulation with specific compliance requirements. Instead, OSHA enforces heat protections under Section 5(a)(1) of the OSH Act—the General Duty Clause—which requires employers to provide a workplace “free from recognized hazards” that are causing or likely to cause death or serious physical harm.
The proposed Heat Injury and Illness Prevention Standard (published August 30, 2024) will eventually create specific regulatory requirements for water, shade, rest, acclimatization, and emergency response. Until that rule is finalized (likely in 2027 or later) OSHA is using the NEP to enforce industry best practices as ‘recognized hazards’ under the General Duty Clause.
What Changed in the 2026 Revision?
The 2026 Heat NEP updates the original 2022 program with several significant changes:
- Updated Target Industries: The revised NEP analyzed BLS heat illness data from 2021-2024, OSHA severe injury reports, and heat-related General Duty Clause violations from 2022-2025. The result: 46 industries removed, 22 industries added, 33 retained, for a total of 55 currently targeted industries.
- Formalized Inspection Procedures: The NEP now includes Appendix I (Evaluation of a Heat Program), a structured checklist OSHA inspectors use to assess employer heat illness prevention programs. This appendix effectively defines OSHA’s compliance expectations.
- Citation Guidance: Appendix J consolidates guidance on when to issue General Duty Clause citations vs. Hazard Alert Letters and how to document heat-related violations.
- Mandatory 90-Day Outreach for New Industries: The 22 newly added industries will receive a 90-day outreach period before programmed inspections begin. Employers in these industries should use this window to implement or strengthen heat illness prevention measures.
When does the Heat NEP take Effect
The revised Heat NEP became effective April 10, 2026. It is a five-year enforcement program that will remain in effect through April 2031 unless canceled or extended. This is separate from the proposed Heat Injury and Illness Prevention Standard, which remains in rulemaking.
What Industries Does the OSHA NEP target?
The Heat NEP targets outdoor AND indoor workplaces across general industry, construction, maritime, and agriculture. Construction remains heavily targeted, with inspections triggered on any day the National Weather Service issues a heat warning or advisory.
- Agriculture
- Cattle ranching
- Hog farming
- Crop support
- Manufacturing
- Cheese
- Meat processing
- Bakeries
- Wood
- Petroleum
- Plastics
- Concrete
- Steel
- Metals
- Foundries
- Furniture
- Wholesale
- Machinery/equipment
- Groceries
- Retail
- Department stores
- Transportation
- Air, trucking
- Rail/water/road support
- Couriers
- Delivery
- Warehousing
- Services
- Landscaping/tree services
- Waste collection
- Emergency relief
- Auto repair
- Construction (all major construction sectors)
- Residential
- Nonresidential
- Utilities
- Highways
- Foundation/structure
- Equipment
- Finishing
- Specialty trades
- Agriculture
- Vegetable/melon farming
- Greenhouses/nurseries
- Utilities (electric power generation)
- Motor vehicle dealers
- Transportation
- Inland water
- Postal service
- Services
- Telecommunications
- Engineering/architecture
- Consulting
- Employment/temp agencies
- Individual/family services
- Restaurants
When do Heat NEP Inspections Occur
As with most OSHA inspections, these can occur at any time, but typically will happen on “Heat Priority Days”—days when the heat index is could reach 80°F or higher, or on any day the National Weather Service issues a heat warning or advisory for the local area. OSHA compliance officers may stop and conduct inspections if they see outdoor work environments where employees may be exposed to heat hazards. Finally, OSHA will always perform an inspection if an employer gets heat-related complaints, referrals, hospitalizations or fatalities.
What Does OSHA Evaluate During Heat Inspections?
Appendix I of the Heat NEP covers an 11-point checklist for evaluating employer heat illness prevention programs. This checklist effectively defines current enforcement expectations:
- Is the heat program properly implemented and managed by a designated heat safety representative?
- Is there a heat program (written or verbal) effectively communicated to employees?
- How did the employer monitor ambient temperatures and levels of work exertion?
- Were there sufficient amounts of cool water easily accessible to employees?
- Did the employer allow additional breaks for hydration?
- Were there scheduled rest breaks?
- Was there access to a shaded or cool area?
- Did the employer provide time for acclimatization of new and returning workers?
- Were administrative controls used to limit heat exposures (earlier start times, workload adjustments, employee rotation)?
- Did the employer provide training on heat illness signs, reporting, first aid, emergency contact, and prevention?
- Do employees and supervisors understand the heat program?
Core Heat Illness Prevention Requirements Under the NEP
OSHA expects employers to provide the following protections, which align with industry best practices and the proposed standard:
Hydration
- Provide cool drinking water (approximately 1 quart per hour) at no cost to workers
- Keep water readily accessible throughout the work area, not just at fixed points
Rest & Shade
- Provide access to shade or other cooling areas when temperatures exceed heat index thresholds
- Allow workers to take preventive cool-down rest periods when they feel heat illness symptoms
- Permit workers to remain in cooling areas for the duration of needed rest
Acclimatization
- New workers: structured acclimatization schedule over at least 7 days
- Workers returning after extended absence: acclimatization protocols on return
- Documentation of acclimatization compliance
Heat Illness Monitoring and Emergency Response
- Supervisors and workers trained to recognize heat illness signs and symptoms
- Emergency response protocols for heat exhaustion and heat stroke
- Communication systems to contact emergency services when needed
- Buddy systems or observation protocols for high-heat conditions
On-Site Medical Care and Nurses for Heat Illness Prevention
The Heat NEP requires employers to have emergency response procedures and trained personnel to recognize heat illness. But for large job sites with hundreds of employees working in hot climates, this can be a tall order. Having an on-site medical clinic—with trained occupational health nurses and doctors at the ready—can mean the difference between compliance and employee safety … and an extremely dangerous situation. On Site Medical clinic staff specialize in:
- Identifying early heat illness signs before they become heat stroke (the distinction between heat exhaustion and heat stroke determines survival outcome)
- Providing immediate cooling, IV hydration, and vital sign monitoring on-site
- Coordinating acclimatization tracking for new workers and returning workers
- Assessing environmental conditions and advising project management on work-rest scheduling in real time
- Reducing the chance that minor heat illness incidents escalate into expensive OSHA recordables
The difference between a nurse on-site and an off-site emergency response can be drastic. For heat stroke, where every minute of elevated core temperature reduces survival probability, this is a matter of life and death.
What is the Cost of an Heat NEP Violation?
OSHA has been citing employers under the General Duty Clause for heat-related incidents for years. The Heat NEP formalizes this enforcement with specific inspection protocols and citation guidance. Penalties for repeat and willful violations can exceed $160,000 per violation. What’s more: the NEP creates a structured framework that makes citations faster, fines higher, and employer liability clearer.
Citation elements under the General Duty Clause require OSHA to establish: (1) the employer failed to keep the workplace free of a hazard, (2) the hazard was recognized, (3) the hazard was causing or likely to cause death or serious physical harm, and (4) there was a feasible means to eliminate or materially reduce the hazard. The Heat NEP provides OSHA with guidance that makes it easier to establish “recognized hazard” and “feasible abatement”—the two elements employers most commonly dispute.
What Construction Companies Need to do to Prepare for Heat NEP Enforcement
Temps are already rising, and construction companies and other affected employees need to act now to stay ahead of the Heat NEP:
- Verify targeting status: Review Appendix A of the Heat NEP to confirm whether your NAICS code is on the targeting list and whether it is newly added or retained from the 2022 program
- Conduct a heat hazard assessment for all active and upcoming job sites, including indoor environments (warehouses, confined spaces, enclosed structures under construction)
- Draft or update a written Heat Injury and Illness Prevention Plan using Appendix I as a compliance checklist
- Train supervisors on early heat illness recognition (specifically the signs of heat stroke vs. heat exhaustion)
- Audit current water, shade, and cooling station infrastructure against NEP expectations
- Establish and document acclimatization protocols for new workers and workers returning from extended absence
- Ensure emergency communication systems are functional on all active sites
- Evaluate whether on-site medical coverage is in place for high-heat season operations
- Document all heat illness prevention measures and training in a format that can be produced during OSHA inspections
How On Site Clinics Can Help with Heat NEP Compliance
Along with all other health and safety protocols, this change can feel daunting. But an experienced on site industrial medical partner can help make compliance easier, keep employees safer and save large employers millions in medical coverage, workers’ comp claims and OSHA fines. On Site Medical has built, managed and staffed on-site clinics for Fortune 100 employers accross the country—from top major construction firms to tech companies. In doing so, we’ve set the performance standard at some of the largest and most complex sites in the world.
Heat Illness Prevention with On Site Clinics
In addition to first-aid, personal medical, employee screening and testing, mental health support, and PT services, our on-site clinic packages have built-in protocols to prevent heat illness:
- On-site heat illness treatment, 24/7. On-site clinics are staffed according to client needs (any and all hours, with any level of medical licensure (doctors, nurses, EMTs, etc.); that means your site will always be prepared to treat heat illness immediately—and reduce the risk of unnecessary escalation or overcare.
- Air-conditioned clinics to immediately cool workers experiencing heat illness symptoms
- Polaris Rangers to transport sick workers. Many of the sites we work on are massive; Polaris vehicles get sick or injured workers to the on-site clinic for fast treatment.
- Hydration stations. Our on site clinics come equipped with beverage centers stocked with cold drinks to maintain employee hydration (including LMNT rapid rehydration).
- Heat-related illnesses training. We provide free employee training and support for heat illness prevention—to prevent these incidents from happening in the first place.
- Employee incentives. Our Built Well employee incentive programs can be built around heat illness prevention (for example, hydration challenges that reward water intake during hot months)
- Compliance support. From heat illness prevention protocols to acclimatization support, our clinic staff and administration can help provide guidance and documentation for your heat illness prevention programs, in accordance with OSHA’s standards.
Need help with heat illness prevention and compliance on your job site? Learn more about our services or contact us for a quote today.