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Perspectives

OSHA Heat Rule Moving Forward

By Jane Henican Heidingsfelder
May 28, 2025

Despite predictions by many that the Biden-era proposed heat rule would be scrapped, it appears that it is moving forward. While there may be some changes to the proposal, it seems we may have a heat rule sooner rather than later. 

The US Occupational Safety and Health Administration (OSHA) has confirmed a public hearing on June 16, signaling significant progress.

The proposed rule establishes key temperature thresholds, requiring employers to implement protective measures when the heat index reaches 80°F, with heightened precautions at 90°F. While proponents argue it is essential for worker safety, the business community has raised concerns over its scope and operational burdens, particularly the 20% acclimatization period.

If your business could be affected by these changes, now is the time to prepare. Reach out to stay informed and ensure compliance with evolving regulations.

“There are political considerations, so it’s conceivable that what they will do is promulgate a rule, but the rule will be watered down,” said Michael Duff, a professor of law at St. Louis University School of Law. “In other words, you’re not hit with a one-size-fits-all rule that would be applied no matter what, you’re allowed to take into account workplace specific conditions.”
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    Jane Henican Heidingsfelder
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    Partner
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    Emailjheidingsfelder@joneswalker.com

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