|
New York City has taken a significant step toward addressing workplace heat exposure and heat-related illness, particularly for workers performing outdoor and physically demanding work.
In the absence of a specific OSHA Heat Exposure Standard and a New York State Heat Illness Standard, New York City issued Executive Order No. 17 on June 22, 2026, the Executive Order directs city agencies to develop worker heat safety guidance, heat illness prevention plans, and recommendations for stronger construction-site heat protections.
While the NYC Executive Order does not establish a new heat-safety standard for private employers or apply statewide, it does signal increasing governmental attention to heat exposure as a recognized workplace hazard and may influence future guidance, enforcement priorities or regulation.
This alert applies to New York City Area employers performing construction activities that may expose employees to heat-related illnesses, including outdoor work, roofing, paving, excavation, concrete work, demolition, utility work, façade work, interior work in hot environments, and other physically demanding activities.
Key Points of the Executive Order
The Executive Order directs New York City agencies to take several actions related to heat illness prevention:
- City agencies must develop multilingual heat safety guidance and educational materials for outdoor and indoor workers, including employees, independent contractors, and day laborers.
-
Outdoor worker guidance must be prepared as soon as practicable, with indoor worker guidance expected by March 1, 2027.
- Mayoral agencies must create heat illness prevention plans for city employees and contractors when the City’s Heat Emergency Plan is activated.
- The New York City Department of Buildings must review current construction-site safety and training requirements to determine whether they adequately protect workers from heat illness.
-
DOB may recommend new construction safety guidance, training requirements, or other actions by March 1, 2027.
- The New York City Department of Health and Mental Hygiene must review heat-related workers’ compensation claims and evaluate whether heat illness should become a reportable health condition.
- During periods of high heat, city agencies with worker-protection authority must strictly enforce laws and rules intended to expand access to bathrooms and heat-relief locations for outdoor workers.
Impact on Construction Employers
Construction employers should expect increased attention from DOB and other city agencies regarding heat illness prevention, particularly during periods of high heat and declared heat emergencies.
The immediate practical impact for construction employers includes:
- DOB will review existing construction safety and training requirements to determine whether they adequately address heat illness.
-
DOB may issue new construction heat-safety guidance, recommendations, or related actions by March 1, 2027.
- During periods of high heat, DOB may remind property owners, general contractors, subcontractors, and persons in control of construction sites of their obligations related to heat-related incidents.
- Heat-related construction incidents requiring EMS transport or immediate emergency care at a hospital or offsite medical clinic may trigger existing NYC construction incident reporting obligations.
- Contractors performing work for City agencies may see heat-safety expectations incorporated into agency requirements, contract administration, jobsite oversight, or enforcement activity.
Recommended Action Steps
Construction employers should not wait for DOB’s future recommendations. Employers should begin treating heat exposure as a documented jobsite safety hazard and should implement or update a written heat illness prevention plan.
To assist affected clients, Lovell’s Safety Department has developed a sample Heat Illness Prevention Plan available to all our clients upon request. This sample plan can help employers formalize their heat illness prevention efforts, document employee protection measures, and establish procedures for water, rest breaks, shade or cooling access, acclimatization, training, emergency response, and jobsite heat-safety documentation.
Documentation and Incident Reporting
Employers should document heat-related safety measures in the same manner as other jobsite safety controls. Documentation may include:
- Daily weather or heat index review
- Toolbox talks
- Water and rest break procedures
- Shade or cooling arrangements
- Training records
- Employee complaints or concerns
- Corrective actions
- Incident reports
If a heat-related incident occurs on a construction site and a worker requires EMS transport or immediate emergency care at a hospital or offsite medical clinic, the incident may be reportable under existing NYC construction incident reporting requirements.
Bottom Line
New York City is moving toward more formal heat-illness oversight on construction sites. Although the Executive Order does not appear to create a new broad private-sector heat standard at this time, it makes heat illness a recognized construction safety issue and reinforces the importance of incident reporting, supervisor training, and documented jobsite controls.
Construction employers should prepare now by developing a site-specific heat illness prevention plan, training supervisors and employees, documenting preventive measures, and ensuring that heat-related incidents are properly evaluated and reported when required.
| 
