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Employers face ‘patchwork’ of heat regulations for workers - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Employers face ‘patchwork’ of heat regulations for workers by Louise Esola Workers Comp , Workplace Safety Apr 22, 2026 Virginia is the latest state to move toward formal workplace heat-illness prevention requirements, adding to a mosaic of state-level standards that employers must navigate amid the absence of a finalized federal rule. Gov. Abigail Spanberger recently signed legislation directing the state’s Safety and Health Codes Board to develop regulations that require employers to implement heat illness prevention protocols for indoor and outdoor workers, including access to water, rest breaks, training and emergency response procedures. The board has until May 1, 2028, to finalize the rules. The measure places Virginia among a small but expanding group of states adopting or developing heat standards, a trend driven by rising temperatures, increased worker complaints and ongoing federal inaction. As of this week, nine states have regulations in place, and legislators in eight are trying to develop plans. The move was expected, given recent developments at both the state and federal levels, said Courtney Malveaux, a partner at McGuireWoods in Richmond, Virginia. “There was an initial push years ago (in Virginia), but now that OSHA has made a push for a standard and more states have acted, the momentum is clearly there,” he said. The Occupational Safety and Health Administration renewed its heat enforcement initiative on April 10, updating inspection targeting and continuing to prioritize cases involving complaints, hospitalizations and fatalities. However, a permanent federal heat standard, first proposed in 2024, has not yet been finalized. In the meantime, employers — particularly those operating across multiple states — are contending with a growing number of differing requirements. “What we’re seeing right now is a patchwork,” said Beeta B. Lashkari, a partner at Conn Maciel Carey in Washington. “States are developing their own standards, and while there are common elements like water, shade and training, the nuances vary. That creates compliance challenges.” Some states with federal OSHA oversight, including Illinois and Colorado, are also advancing their own rules, further complicating compliance for multistate employers, she said. Employers are often attempting to apply the most stringent requirements across their operations, but that approach is not always straightforward, Ms. Lashkari said. “Certain sections of one state’s rule may be more stringent than another’s, so it’s difficult to determine a single standard that satisfies everything,” she said. Meanwhile, OSHA enforcement activity continues to rise, often triggered by employee complaints or hospitalizations. “In many cases, employers do have measures in place, but OSHA is asking them to document it,” Mr. Malveaux said. “That can include policies, training records or even proof of providing water or cooling resources.” Some experts say a federal standard would provide greater consistency for employers with multistate operations. “A federal rule would help with uniformity,” Ms. Lashkari said. “But state plans can always exceed federal requirements, so this isn’t going away.” Until then, employers face an evolving regulatory landscape shaped by rising temperatures, heightened scrutiny and a growing body of evidence linking heat exposure to workplace risk. Research suggests such standards can reduce workplace injuries. A study by the Waltham, Massachusetts-based Workers Compensation Research Institute found that California’s heat standard — the first in the nation, enacted in 2005 — led to measurable declines in injuries on hot days across several industries. “We found that heat standards reduced injury frequency,” said Sebastian Negrusa, Washington-based vice president of research at WCRI. The study showed declines of 15% to 17% in construction, 24% to 27% in agriculture and 19% to 25% in transportation. The research also highlighted that heat-related risks extend beyond traditional heat illness claims. “It’s not just heat exhaustion,” Mr. Negrusa said. “Extreme heat affects cognitive and mental performance, leading to incidents like falls or equipment-related injuries that may not be coded as heat-related but are still influenced by temperature.” Related News W.R. 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