Worker safety in extreme temperatures has been the focus of significant discussion for many years. In August 2024, the Occupational Safety and Health Administration ("OSHA") proposed adding heat safety regulations that would have required employers to mitigate heat illness exposure in the workplace. After proceeding through the comment phase of the rulemaking process, the OSHA heat regulations stalled, and it is unclear if we will ever see a true heat safety standard within the OSHA regulations.
In the absence of an enforceable heat standard, OSHA has turned to the General Duty Clause, which requires employers to provide a workplace free from recognized hazards. OSHA has also issued a National Emphasis Program on heat, which has been active since 2022, and was recently extended until April 2031.
Given the lack of enforceable federal standards, several states with state-run OSHA plans, such as California, Nevada, Washington, and Oregon, have implemented their own heat standards. These state standards sit alongside federal safety standards, and are enforced by state-level OSHA inspectors from Cal/OSHA, Nevada OSHA, and the like.
On August 12, 2026, Colorado joins the lineup of states attempting to address the hazards presented to workers by extreme temperatures, despite Colorado not having a state OSHA plan. Under the new law, the Colorado Department of Labor and Employment ("CDLE"), Division of Labor Standards and Statistics, is given rulemaking authority on the topic of temperature safety. The CDLE will begin collecting data from multiple sources on heat illness and injuries in the workplace, and is expected to use this data to drive the creation of temperature safety regulations that will affect Colorado businesses. The data collection will also lead to the CDLE developing a model Temperature-Related Injury and Illness Prevention Plan ("TRIIPP") by 2028. Employers are not currently required to implement any TRIIPP into their policies, but employers should be prepared to do so in the near future.
Companies in heat-sensitive industries, such as outdoor workers or workers in enclosed spaces surrounded by heat-generating machinery, should begin conducting an internal analysis of their policies and procedures to mitigate heat illness through actions like rest breaks, acclimatization protocols, and providing cold, fresh drinking water to employees. Failing to establish employee temperature safety programs could land companies in hot water with both the CDLE and OSHA.
