Small Businesses Weigh In on Potential OSHA Heat Stress Standard

OSHA
Published

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.

Subscribe to NAHBNow

Log in or create account to subscribe to notifications of new posts.

Log in to subscribe

Latest from NAHBNow

Fall Leadership Meeting
Oct 26, 2026
Watch Video Highlights from 2026 Fall Leadership Meeting

NAHB members who were unable to join us in Detroit for the 2026 Fall Leadership Meeting can watch some of the highlights on nahb.org.

Economics
Oct 23, 2026
Multifamily Developers: How Are Rising Costs Impacting Your Business?

In 2022, NAHB estimated regulation accounts for over 40% of the cost of a new multifamily development — a key data point in lobbying federal, state and local policymakers against policies that drive up the cost of new housing. This widely cited estimate is now outdated, so NAHB is conducting a survey to update it and needs your help to do so.

View all

Latest Economic News

Economics
Oct 26, 2026
Uptick for Non-Conventional Financing in 2025

Nationwide, the share of non-conventional financing for new home sales accounted for 32.4% of the market, according to NAHB analysis of the 2025 Census Bureau Survey of Construction (SOC) data.

Economics
Oct 23, 2026
A Quarter of Remodelers Started ADUs Over Past Twelve Months

When asked if remodelers started a project involving an Accessory Dwelling Unit (ADU) over the past twelve months, 24% indicated that they were building an addition for use as an ADU and 23% indicated that they were converting an existing space to an ADU, according to NAHB’s Remodeling Market Index (RMI).

Economics
Oct 23, 2026
Slabs Overtake Basements in the East North Central Division

Nearly three-quarters of new single-family homes started in 2025 were built on slab foundations, according to NAHB analysis of the U.S. Census Bureau’s Survey of Construction (SOC).