Small Businesses Weigh In on Potential OSHA Heat Stress Standard
A panel of small business owners from varied industries, including construction, recently discussed the contours of a potential heat illness and injury standard from OSHA. The final report on the panels had specific recommendations for OSHA to consider when writing a proposed rule.
OSHA convened Small Business Advocacy Review (SBAR) Panels to get feedback from small businesses on the impact a heat safety standard might have on their operations. Over two weeks in September, 82 small businesses participated in video conference calls; 21 were in construction, nine were landscapers, and six do utilities work. At least one NAHB member participated in the panels.
In 2021, OSHA issued an Advance Notice of Proposed Rulemaking for a standard defining employer obligations to reduce the number of heat-related injuries, illnesses and fatalities at indoor and outdoor workplaces.
OSHA gave the September panelists topics to discuss related to the potential rulemaking, including:
- The scope of a potential standard
- Heat hazard identification, assessment, prevention and control measures
- Medical treatment and heat-related emergency response procedures
- Worker training
- Recordkeeping
The final report includes the panelists’ areas of concern and recommendations for how OSHA should move forward with the rulemaking:
Flexibility and Scalability. The panel recommends that an OSHA standard should be flexible, with a programmatic approach that allows employers to tailor their program to their particular workplace and climate.
Heat Triggers. Panelists felt that the heat triggers that OSHA suggested were too low and were confusing. The panel recommends that OSHA reconsider and simplify the presentation of the heat triggers and provide additional data supporting the levels selected.
Recordkeeping. Panelists felt that some recordkeeping requirements that OSHA had suggested were unnecessary, burdensome or infeasible, and recommends that OSHA reconsider or simplify recordkeeping of temperature monitoring and not require documentation of rest breaks.
Rest Breaks. The majority of the panelists said that they allow their employees to take rest breaks when they need to, but many objected to OSHA specifying the frequency of rest breaks.
Solo and Mobile Workers. Panelists with employees who work alone or travel between jobsites during a shift were concerned about implementing some provisions such as supervision, temperature monitoring and rest breaks.
Other areas of concern for the small business leaders included requirements around drinking water, acclimatization, engineering and administrative controls (like AC and fans), and temperature measurement.
OSHA is accepting public comments on the information currently in the rulemaking docket, including the panel final report, until Dec. 23. NAHB is very engaged in this process and will submit comments at every stage of the rulemaking.
For tips and best practices to keep workers safe in the heat, check out NAHB’s video toolbox talk on heat stress.
Latest from NAHBNow
Jan 22, 2026
NAHB Podcast: The Davos Housing Update That Wasn’tOn the latest episode of NAHB’s podcast, Housing Developments, Chief Operating Officer Paul Lopez is joined by Chief Advocacy Officer Ken Wingert to discuss the latest housing policies, including the housing announcement (or lack thereof) at the World Economic Forum and NAHB's continued advocacy efforts for 2026.
Jan 21, 2026
NAHB Announces 2026 Best of IBS FinalistsMore than 300 product entries in nine categories were judged by 42 industry and media representatives. See which products were selected as finalists in the 2026 Best of IBS Awards.
Latest Economic News
Jan 22, 2026
House Prices Decline in Local Markets Despite National GrowthNationally, house prices continued to rise at a modest pace in the third quarter of 2025, as mentioned in our previous quarterly house prices post. However, this national trend masks significant variation across local markets. While many metro areas continued to see house price appreciation, others experienced notable declines following several years of rapid growth.
Jan 21, 2026
Private Residential Construction Spending Edges Higher in October on Home ImprovementsPrivate residential construction spending was up 1.3% in October, rebounding from a 1.4% decline in September 2025. This modest gain was primarily driven by increased spending on home improvements.
Jan 21, 2026
Single-Family Permits Cooled in the FallIn October, single-family building permits weakened, reflecting continued caution among builders amid affordability constraints and financing challenges. In contrast, multifamily permit activity remained steady and continued to perform relatively well.