--- title: "OSHA Heat Rules in 2026: Federal and Texas Requirements" description: "OSHA has no final heat standard as of November 2026. See what applies now: the General Duty Clause, the Heat NEP, the proposed rule and Texas HB 2127." url: https://jmarsolutions.multisites.ai/osha-heat-rules publisher: JMAR Solutions phone: +1-214-632-7780 quote: https://jmarsolutions.multisites.ai/contact --- Field guide # OSHA heat rules: what applies to your crew today As of November 2026, OSHA has no final federal heat standard. A heat rule is proposed, not in force. OSHA enforces heat hazards today under the General Duty Clause and its Heat National Emphasis Program, revised April 10, 2026. Texas has no state heat standard, and HB 2127 ended local water-break rules. Updated November 5, 20268 min read ## No final rule yet OSHA published a proposed heat rule on August 30, 2024. No final rule is listed as of November 2026. ## Enforcement runs now OSHA uses the General Duty Clause and the Heat National Emphasis Program, revised April 10, 2026. ## Texas has no state standard OSHA lists five states with heat laws. Texas is not one of them. ## HB 2127 ended local rules The 2023 law voided Austin and Dallas water-break ordinances. **Last checked: November 5, 2026.** Rule status changes. This page is general information, not legal advice. Ask a safety professional or an attorney about your own duties. ## Does OSHA have a heat standard? No. As of November 2026, there is no final federal OSHA heat standard. OSHA has a proposed rule, and the rulemaking is still open. Until a final rule exists, OSHA enforces heat hazards with two tools: the General Duty Clause and the Heat National Emphasis Program. That means no one can say “OSHA requires” a specific water-break schedule or temperature trigger today. The proposal is not law. But employers still owe crews a workplace free from heat hazards, and OSHA does inspect for them. Tool Status as of November 2026 What it does Final heat standard Does not exist Nothing to enforce yet Proposed heat rule Open rulemaking Could set specific heat duties if finalized [General Duty Clause](https://jmarsolutions.multisites.ai/glossary/general-duty-clause) In force Covers recognized heat hazards [Heat National Emphasis Program](https://jmarsolutions.multisites.ai/glossary/osha-heat-nep) In force, revised April 10, 2026 Directs heat inspections ## What is the General Duty Clause for heat? It is the part of the law OSHA uses when no specific standard applies. OSHA says federal OSHA has a General Duty Clause (Section 5\[a\]\[1\] of the Occupational Safety and Health Act of 1970). It requires employers to provide a place of employment “free from recognized hazards that are causing or are likely to cause death or serious physical harm to employees.” Heat is a recognized hazard. NIOSH, the National Weather Service and OSHA all publish guidance on it. OSHA also says it uses [WBGT](https://jmarsolutions.multisites.ai/glossary/wbgt) to decide whether a heat hazard was present. OSHA encourages [water, rest, and shade](https://jmarsolutions.multisites.ai/glossary/water-rest-shade) as prevention. A written plan with those three parts is the clearest sign that you control the hazard. See our [heat stress prevention pillar](https://jmarsolutions.multisites.ai/heat-stress-prevention) and the [OSHA heat illness prevention guide](https://jmarsolutions.multisites.ai/guides/osha-heat-illness-prevention). ## What is the Heat National Emphasis Program? It is OSHA’s inspection program for heat. OSHA revised it on April 10, 2026. The revised program took effect right away and stays in place for five years. It uses OSHA and Bureau of Labor Statistics data from 2022 through 2025 to direct inspection priorities to 55 high-risk industries in indoor and outdoor work. Three details matter for a safety manager: 1. **Random heat inspections.** On days when the National Weather Service issues a heat advisory or warning, compliance officers conduct random inspections focused on heat hazards in high-risk industries. 2. **No numeric inspection goal.** OSHA’s release says the revision removes the former numerical inspection goal. 3. **Free help.** OSHA’s On-Site Consultation Program is free and confidential for small and medium businesses. It can help you build a heat approach. Read the details in our post on the [2026 heat emphasis program](https://jmarsolutions.multisites.ai/blog/osha-heat-emphasis-program-2026). The glossary entry on the [OSHA heat NEP](https://jmarsolutions.multisites.ai/glossary/osha-heat-nep) is short. ## How does OSHA decide a heat hazard exists? OSHA looks at the conditions and at what the employer did about them. OSHA says it uses WBGT to determine if a heat hazard was present. The Heat National Emphasis Program also has an appendix for evaluating heat programs and another for citation guidance, which OSHA says it reorganized in the April 2026 revision. So an inspector may ask four plain questions: 1. What were the heat conditions, measured by WBGT or the heat index? 2. Did the crew have water, rest and shade? 3. Were new and returning workers acclimatized? 4. Were workers and supervisors trained, and did anyone know the emergency steps? Your records answer these. A short daily heat log, a training sign-in sheet and a written plan are good proof. ## What is the proposed OSHA heat rule, and where does it stand? It is a proposed rule called “Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.” OSHA published it in the Federal Register on August 30, 2024. As of November 2026, no final rule is listed on OSHA’s rulemaking page. Here is the timeline OSHA lists: Date Step August 30, 2024 Proposed rule published January 14, 2025 Public comment period closed June 16 to July 2, 2025 Informal public hearing October 30, 2025 Post-hearing comment period ended October 2026 Trade group ARTBA reports the rulemaking remains active; “No specific changes have been announced or formal action taken to-date.” Read the [OSHA heat rule](https://jmarsolutions.multisites.ai/glossary/osha-heat-rule) entry for a plain definition. Our post on the [rule status as of November 2026](https://jmarsolutions.multisites.ai/blog/osha-heat-rule-status-november-2026) tracks changes. We will update this page when OSHA acts. Do not write “OSHA requires” for anything in the proposal. It is a proposal. Plan around it if you like, but know it can change before it is final. ## What does “proposed” mean in plain words? A proposed rule is a draft the public can comment on. It is not law until the agency publishes a final version. The table shows the difference. Proposed rule Final rule Is it law? No Yes, once in effect Can OSHA cite it? No Yes Can it change? Yes Only by new rulemaking Where is the heat rule today? Here, as of November 2026 Not published So when a vendor, a news story or a training slide says “OSHA requires” a break every hour or a temperature trigger, ask for the citation. If it points to the proposal, it is not a requirement today. The honest line is: “OSHA has proposed a heat rule, and enforces heat hazards under the General Duty Clause and the Heat National Emphasis Program.” ## Which states have their own heat laws? Five. OSHA says Washington, Minnesota, California, Oregon and Colorado have specific laws governing occupational heat exposure. Texas is not on that list. Employers in those five states need to follow the state law as well as the federal tools above. State laws change. Check your state agency before you build a plan around any number you read online, including here. ## What heat rules apply in Texas? Federal OSHA still covers Texas employers. The General Duty Clause and the Heat National Emphasis Program apply. Texas has no state heat standard on OSHA’s list. And Texas House Bill 2127, which became law in 2023, took away cities’ power to set their own water-break rules. The Texas Tribune reported in June 2023 that Gov. Greg Abbott gave final approval to a law that eliminates local rules mandating water breaks for construction workers. The law nullifies ordinances Austin passed in 2010 and Dallas passed in 2015. Those ordinances set 10-minute breaks every four hours. The law also prevents other cities from passing such rules. It went into effect on September 1. What stayed the same: HB 2127 is about local ordinances. It did not end federal OSHA authority. It also does not stop you from setting water and rest rules for your own crew. For more, read [Texas HB 2127](https://jmarsolutions.multisites.ai/glossary/texas-hb-2127), our [Texas heat rules guide](https://jmarsolutions.multisites.ai/guides/texas-heat-rules-for-employers), and the posts on [Texas heat rules after HB 2127](https://jmarsolutions.multisites.ai/blog/texas-heat-rules-after-hb-2127) and [Austin and Dallas water-break rules](https://jmarsolutions.multisites.ai/blog/austin-dallas-water-break-rules-ended). ## What can employers do now, without waiting for a final rule? Build the plan a final rule would likely ask for anyway. NIOSH, OSHA and the National Weather Service already agree on the basics, and none of them depends on the rulemaking. 1. **Write a heat plan.** Name an owner, set water, rest and shade rules, and write the emergency step. Use our [heat stress program for employers](https://jmarsolutions.multisites.ai/guides/heat-stress-program-for-employers). 2. **Acclimatize workers.** NIOSH sets a schedule for new and experienced workers. See the [acclimatization schedule](https://jmarsolutions.multisites.ai/guides/heat-acclimatization-schedule). 3. **Use a heat measure.** Pick the heat index or WBGT and set break rules by level. See [WBGT vs heat index](https://jmarsolutions.multisites.ai/guides/wbgt-vs-heat-index). 4. **Train every supervisor.** Run a [toolbox talk](https://jmarsolutions.multisites.ai/glossary/toolbox-talk) each week of hot season. Use the [heat toolbox talk kit](https://jmarsolutions.multisites.ai/guides/heat-toolbox-talk). 5. **Keep records.** Note who was trained, when, and what the plan said that day. 6. **Plan for heat stroke.** It is an emergency. Call 911. 7. **Ask OSHA for help.** The On-Site Consultation Program is free and confidential for small and medium businesses. Hydration is one part of this plan. JMAR’s Rapid Restoration Drops are a dietary supplement that replaces electrolytes lost in sweat and supports hydration. They do not replace shade, rest, training or medical care. See the [hydration programs](https://jmarsolutions.multisites.ai/hydration-programs) and the [liquid electrolyte drops pillar](https://jmarsolutions.multisites.ai/liquid-electrolyte-drops). ## What would change if OSHA finalizes the rule? We do not know. OSHA has not published a final rule, and no specific changes have been announced. A final rule could add specific duties that today are only guidance. It could also change or drop parts of the proposal. Do not plan around a number you read in a news story. What you can do is build habits that fit any outcome: a written plan, acclimatization, training, water, rest and shade, and clear emergency steps. If a final rule arrives, you adjust a working program instead of starting from zero. ## Where do I check the latest status? Go to the source. These pages are the ones we used, and they are the first to change: Question Where to look Is there a final rule? OSHA’s Heat Injury and Illness Prevention rulemaking page What is OSHA enforcing today? OSHA’s heat overview and the April 10, 2026 news release What does Texas law say? The Texas Legislature and the Texas Tribune coverage of HB 2127 What do trade groups report? ARTBA’s updates on the rulemaking Who can help my small business? OSHA’s On-Site Consultation Program See also the [General Duty Clause](https://jmarsolutions.multisites.ai/glossary/general-duty-clause), [NIOSH](https://jmarsolutions.multisites.ai/glossary/niosh) and [on-site consultation](https://jmarsolutions.multisites.ai/glossary/on-site-consultation) entries in the glossary. ## What should I tell my crew about the rules? Keep it simple and true. Tell them that the company has a heat plan, that water, rest and shade are part of it, and that anyone can stop and report a sign of heat illness. Tell them heat stroke means 911. You do not need to quote a rule number to run a safe crew. Tell supervisors a little more: OSHA can inspect for heat, more often on hot days, and the written plan and training records are what you show. Our [heat illness pillar](https://jmarsolutions.multisites.ai/heat-illness) gives the signs and first steps for the talk. ## When did this page last change? **Last checked: November 5, 2026.** Checked against OSHA’s heat overview, OSHA’s rulemaking page, OSHA’s April 10, 2026 news release, the Texas Tribune and ARTBA. ## Next step Book a free 15-minute demo with JMAR at [calendly.com/jen-jmarsolutions/15-min-meeting](https://calendly.com/jen-jmarsolutions/15-min-meeting). You can also ask for a [free sample](https://jmarsolutions.multisites.ai/free-sample) or request [bulk and government pricing](https://jmarsolutions.multisites.ai/bulk-orders). ## Frequently asked questions ### Does OSHA have a heat standard? No. As of November 2026, there is no final federal OSHA heat standard. OSHA proposed one on August 30, 2024, and the rulemaking is still open. Until it is final, OSHA enforces heat hazards under the General Duty Clause and the Heat National Emphasis Program. ### What is the status of the OSHA heat rule? It is a proposed rule. The comment period closed January 14, 2025, the hearing ended July 2, 2025, and post-hearing comments closed October 30, 2025. On October 28, 2026, OSHA's Assistant Secretary said the rulemaking remains active. Status checked November 5, 2026. ### Is there an OSHA heat rule in Texas? Federal OSHA covers Texas employers under the General Duty Clause and the Heat National Emphasis Program. There is no specific federal heat standard yet. Texas is not on OSHA's list of states with their own heat laws. Texas HB 2127 also bars local water-break rules. ### What does the OSHA Heat National Emphasis Program do? It directs OSHA inspections to 55 high-risk industries in indoor and outdoor work. OSHA revised it on April 10, 2026. It runs five years and includes random heat inspections on days the National Weather Service issues a heat advisory or warning. ### What states have heat laws? OSHA names five: Washington, Minnesota, California, Oregon and Colorado. Texas is not on that list. Check your state agency and local rules, because state law can change faster than a web page. This is general information, not legal advice. ### Did Texas get rid of water breaks for construction workers? Texas HB 2127 voided the local ordinances in Austin (2010) and Dallas (2015) that required 10-minute breaks every four hours. It also bars other cities from passing such rules. It took effect September 1, 2023. Employers can still set break rules for their own crews. ## Terms on this page - [On-site consultation](https://jmarsolutions.multisites.ai/glossary/on-site-consultation) - [General Duty Clause](https://jmarsolutions.multisites.ai/glossary/general-duty-clause) - [Acclimatization](https://jmarsolutions.multisites.ai/glossary/acclimatization) - [OSHA heat rule](https://jmarsolutions.multisites.ai/glossary/osha-heat-rule) - [OSHA heat NEP](https://jmarsolutions.multisites.ai/glossary/osha-heat-nep) - [Texas HB 2127](https://jmarsolutions.multisites.ai/glossary/texas-hb-2127) - [Toolbox talk](https://jmarsolutions.multisites.ai/glossary/toolbox-talk) - [Electrolyte](https://jmarsolutions.multisites.ai/glossary/electrolyte) - [Heat stress](https://jmarsolutions.multisites.ai/glossary/heat-stress) - [Heat stroke](https://jmarsolutions.multisites.ai/glossary/heat-stroke) ## Sources 1. [OSHA: Heat Overview](https://www.osha.gov/heat-exposure) 2. [OSHA: Heat Overview (WBGT)](https://www.osha.gov/heat-exposure) 3. [OSHA: Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings Rulemaking](https://www.osha.gov/heat-exposure/rulemaking) 4. [OSHA: Heat Rulemaking (comment period)](https://www.osha.gov/heat-exposure/rulemaking) 5. [OSHA: Heat Rulemaking (post-hearing comments)](https://www.osha.gov/heat-exposure/rulemaking) 6. [US Department of Labor: OSHA news release, April 10, 2026](https://www.osha.gov/news/newsreleases/osha-national-news-release/20260410) 7. [US Department of Labor: OSHA news release (inspections)](https://www.osha.gov/news/newsreleases/osha-national-news-release/20260410) 8. [US Department of Labor: OSHA news release (55 industries)](https://www.osha.gov/news/newsreleases/osha-national-news-release/20260410) 9. [US Department of Labor: OSHA news release (consultation)](https://www.osha.gov/news/newsreleases/osha-national-news-release/20260410) 10. [ARTBA: OSHA's Keeling signals path forward on heat rule](https://www.artba.org/news/oshas-keeling-signals-path-forward-on-heat-rule/) 11. [US Department of Labor: OSHA news release (appendices)](https://www.osha.gov/news/newsreleases/osha-national-news-release/20260410) 12. [ARTBA: OSHA's Keeling signals path forward (quote)](https://www.artba.org/news/oshas-keeling-signals-path-forward-on-heat-rule/) 13. [The Texas Tribune: Texas heat wave and water breaks for construction workers](https://www.texastribune.org/2023/06/16/texas-heat-wave-water-break-construction-workers/) 14. [The Texas Tribune: Texas heat wave and water breaks (future rules)](https://www.texastribune.org/2023/06/16/texas-heat-wave-water-break-construction-workers/) 15. [The Texas Tribune: Texas heat wave and water breaks (effective date)](https://www.texastribune.org/2023/06/16/texas-heat-wave-water-break-construction-workers/) Checked against the sources above on November 5, 2026. Rules and guidance change, so check the linked page before you act. This page is general information, not legal or medical advice. ## Keep reading - [Texas heat rules for employers, as of November 2026As of November 2026, Texas has no state heat standard, and there is no final federal OSHA heat standard. Texas HB 2127 ended local water-break rules in Austin and Dallas. Federal OSHA still enforces heat hazards under the General Duty Clause and a revised Heat National Emphasis Program from April 10, 2026.](https://jmarsolutions.multisites.ai/guides/texas-heat-rules-for-employers) - [What OSHA expects on heat illness prevention todayAs of November 2026, there is no final federal OSHA heat standard. The proposed rule is still in rulemaking. OSHA enforces heat hazards today under the General Duty Clause and its revised Heat National Emphasis Program, effective April 10, 2026. Employers should write a heat plan, train crews, give water, rest and shade, and acclimatize new workers.](https://jmarsolutions.multisites.ai/guides/osha-heat-illness-prevention) - [Texas Heat Rules After HB 2127: What Employers Still OweHB 2127 ended local water-break rules in Austin and Dallas, but it did not end heat duties. As of November 2026, OSHA still enforces heat hazards in Texas under the General Duty Clause and its Heat National Emphasis Program. Texas has no state heat standard, and the federal heat rule is only proposed.](https://jmarsolutions.multisites.ai/blog/texas-heat-rules-after-hb-2127) - [Austin and Dallas Water-Break Rules Ended: A Crew Rule That WorksAustin passed a construction water-break rule in 2010 and Dallas in 2015. Both required 10-minute breaks every four hours. Texas HB 2127 voided them. Federal OSHA still enforces heat hazards, so a written crew rule, set by heat level, now does the job the city rules once did.](https://jmarsolutions.multisites.ai/blog/austin-dallas-water-break-rules-ended) - [OSHA's 2026 Heat Emphasis Program: What It Means for YouOSHA revised its Heat National Emphasis Program on April 10, 2026. It directs inspections to 55 high-risk industries, adds random inspections on days with an NWS heat advisory or warning, and runs five years. The program guides inspections. It is not a heat standard.](https://jmarsolutions.multisites.ai/blog/osha-heat-emphasis-program-2026) - [Is OSHA's Heat Rule Dead? Status as of November 2026As of November 5, 2026, OSHA's heat rule is a proposed rule, not a final one, and OSHA has not withdrawn it. On Oct. 28, OSHA's assistant secretary said the rulemaking remains active and that there is a path forward. Employers should keep following water, rest, and shade.](https://jmarsolutions.multisites.ai/blog/osha-heat-rule-status-november-2026) ![Ironworkers silhouetted on a steel frame against a hot orange sunset](https://jmarsolutions.multisites.ai/_astro/sunset-steel.IhAMDca0_6wk53.webp) ## See it on your crew in 15 minutes Jennifer walks your safety team through the drops, the protocol and the numbers on a short live call. [Book a 15-minute demo](https://calendly.com/jen-jmarsolutions/15-min-meeting)