The revised National Emphasis Program – Outdoor and Indoor Heat-Related Hazards uses data from OSHA and the Bureau of Labor Statistics from calendar years 2022-2025 to direct inspection priorities to high-risk industries in indoor and outdoor work settings—when the heat index is expected to be 80 degrees or higher.
The NEP was originally issued in April 2022 and will now be continued through April 10, 2031—with the updates outlined below. Further, the revision of the NEP signals that OSHA is likely to continue to rely on the NEP to evaluate heat-related hazards, as opposed to the earlier, proposed rule set forth by the Biden Administration.
First, OSHA refreshed the NAICS targeting list using newer Bureau of Labor Statistics (BLS) data and OSHA enforcement data. Certain industries were re-ranked, and slight additions and removals were done based on industries with high rates of heat-related illness and industries with employers that have received heat-related citations or hazard alert letters.
Second, the revised emphasis program removed outdated background information and updated links to reflect more recent heat illness data and current enforcement experience.
Third, the NEP eliminated the former numerical inspection goal by refining how it describes inspection volume expectations and program focus.
Fourth, the revised NEP further introduced two reorganized appendices. Appendix I consolidates expectations regarding water, rest, shade, acclimatization, training, and emergency response for heat programs. Appendix J clarifies when to cite under General Duty Clause, what evidence is needed, and standardizes documentation expectations.
Fifth and finally, it added coding for worksite assistance and unprogrammed emphasis hazards which will improve tracking and more effectively implement the program’s enforcement and outreach efforts.
OSHA’S CRITERIA FOR EVALUATING A HEAT PROGRAM:
For purposes of determine if the employer has a “compliant” heat illness and injury program, inspectors conducting heat inspections are required to evaluate and answer the following questions:
- Is there a heat program (written or verbal) that is effectively communicated to employees?
- How did the employer monitor ambient temperature(s) and levels of work exertion at the worksite?
- Were there sufficient amounts of cool water easily accessible to the employees?
- Did the employer allow additional breaks for hydration?
- Were there scheduled rest breaks?
- Was there access to a shaded area?
- Did the employer provide time for acclimatization of new and returning workers?
- Were administrative controls used (earlier start times, workload adjustments, and employee/job rotation) to limit heat exposures?
- Did the employer provide training on heat illness signs, how to report signs and symptoms, first aid, how to contact emergency personnel, prevention, and the importance of hydration?
- Do employees and supervisors understand the heat program?
- Is the heat program properly implemented and managed by a designated heat safety representative?
If these questions are answered in the affirmative, citations will not follow. If these questions are answered in the negative, citations may follow. Accordingly, employers should ensure that they adopt all measures implicated by the questions.
ISSUANCE OF CITATIONS:
The revised NEP confirms that OSHA should continue to issue citations under its “General Duty Clause” when employers do not adhere to the guidance outlined in the NEP. It further provides that any employers who do not provide employees with clean drinking water be cited under the applicable OSHA standards for that, as well.
INDUSTRIES & NAICS CODES INCLUDED IN THE NEP:
The following industries, businesses, and NAICS codes are specifically included in the updated NEP:
Table 1. Non-Construction
NAICS Code 2017 NAICS Industry Sector Title
1121 Cattle Ranching and Farming
1122† Hog and Pig Farming
1151 Support Activities for Crop Production
3115† Cheese manufacturing
3116† Animal Slaughtering and Processing
3118 Bakeries and Tortilla Manufacturing
3211 Sawmills and Wood Preservation
3241 Petroleum and Coal Products Manufacturing
3261† Plastic Product Manufacturing
3271† Clay Product and Refractory Manufacturing
3273† Cement and Concrete Product Manufacturing
3312† Steel Product Manufacturing from Purchased Steel
3314 Nonferrous Metal (except Aluminum) Production and Processing
3315 Foundries
3323 Architectural and Structural Metals Manufacturing
3335† Metalworking Machinery Manufacturing
3353† Electrical Equipment Manufacturing
3362 Motor Vehicle Body and Trailer Manufacturing
3379† Other Furniture Related Product Manufacturing
4238† Machinery, Equipment, and Supplies Merchant Wholesalers
4244 Grocery and Related Product Merchant Wholesalers
4522† Department Stores
4811† Scheduled Air Transportation
4841† General Freight Trucking
4881 Support Activities for Air Transportation
4882 Support Activities for Rail Transportation
4883 Support Activities for Water Transportation
4884 Support Activities for Road Transportation
4921 Couriers and Express Delivery Services
4922 Local Messengers and Local Delivery
4931 Warehousing and Storage
5617 Services to Buildings and Dwellings (includes landscaping services, tree removal and tree trimming services)
5621 Waste Collection
6242† Community Food and Housing, and Emergency and Other Relief Services
8111 Automotive Repair and Maintenance
Table 2. Construction
2361 Residential Building Construction
2362 Nonresidential Building Construction
2371 Utility System Construction
2373 Highway, Street, and Bridge Construction
2381 Foundation, Structure, and Building Exterior Contractors
2382 Building Equipment Contractors
2383 Building Finishing Contractors
2389 Other Specialty Trade Contractors
Table 3. Other Relevant Industries:
1112 Vegetable and Melon Farming
1114† Greenhouse, Nursery, and Floriculture Production
2211† Electric Power Generation, Transmission, and Distribution
4412 Other Motor Vehicle Dealers
4832† Inland Water Transportation
4911 Postal Service
5173† Wired and Wireless Telecommunications Carriers
5413† Architectural, Engineering, and Related Services
5416† Management, Scientific, and Technical Consulting Services
5613 Employment Services*
6241† Individual and Family Services
7225 Restaurants and Other Eating Places