Don’t Sweat It—Yet: Getting Ahead of OSHA's Heat Rules

By Philip Giorlando and Fred Preis

As summer temperatures soar, so does OSHA’s scrutiny. While a federal heat illness standard hasn’t been finalized yet, the Occupational Safety and Health Administration is already ramping up enforcement—particularly through inspections triggered by heat-related risks in the workplace.

OSHA’s Current Approach

Right now, OSHA relies on the general duty clause to cite employers who fail to protect workers from recognized heat hazards. And with its National Emphasis Program on outdoor and indoor heat-related hazards in full swing, employers in industries like construction, warehousing, food processing, and agriculture are seeing increased inspection activity—especially during extreme heat events.

Why This Matters for Employers

A formal heat illness prevention rule is expected soon, but employers don’t need to wait for the final rule to act. In fact, failing to proactively address heat safety could invite costly citations, reputational damage, and most importantly, health risks for workers.

Five Practical Steps to Stay Ahead

Train Your Workforce: Ensure workers and supervisors understand the signs of heat illness—such as dizziness, confusion, or fatigue—and know when and how to respond.
Monitor Conditions: Track weather forecasts and heat index levels. Even indoor workplaces without sufficient ventilation can pose heat hazards.
Provide Hydration and Breaks: Make cool drinking water available, encourage frequent hydration, and build in shaded rest breaks during hot periods.
Acclimate Workers: Gradually increase workloads for new or returning employees to help them adapt to high temperatures.
Plan for Emergencies: Establish and practice emergency procedures for responding to heat illness symptoms on the job.

Final Thoughts

Employers who take these steps not only protect their teams but also position themselves well for the regulatory changes ahead. By establishing a clear, proactive heat safety program now, businesses can reduce risk and demonstrate a culture of compliance and care.

Supreme Court Affirms Equal Standards for All Title VII Claims

On June 5, 2025, the Supreme Court delivered a unanimous verdict in Ames v. Ohio Department of Youth Services, declaring that employees from majority groups do not face a stricter standard when filing discrimination claims under Title VII. The Court overturned the “background circumstances” rule, confirming that all plaintiffs—no matter their group identity—are subject to the same evidentiary threshold .

This ruling reinforces that Title VII safeguards apply uniformly, ensuring that no employee is penalized simply for belonging to a majority group.

Full decision available at Supreme Court: https://www.supremecourt.gov/opinions/24pdf/23-1039_c0n2.pdf

Key Wage and Hour Enforcement Updates from the DOL

The U.S. Department of Labor has recently made several noteworthy shifts in how it enforces wage and hour rules—changes employers should keep on their radar:

No More Liquidated Damages in Investigations: The DOL will stop requesting liquidated damages during routine investigations, unless they pursue the issue in court and the court orders it.
Independent Contractor Rule Reversal: The Department plans to move away from the 2024 independent contractor rule and return to the traditional common-law test to determine worker classification.
Revival of the Opinion Letter Program: Employers can once again rely on the DOL’s Opinion Letters to get clearer, case-specific guidance on Fair Labor Standards Act (FLSA) compliance.

These adjustments aim to bring more predictability and clarity to wage and hour compliance efforts.