NAHB Calls for Clear, Flexible Guidelines in OSHA Heat Standard

On Jan. 14, NAHB submitted comments in response to OSHA’s proposed rulemaking to establish the first federal standard for preventing heat-related injuries and illnesses for both indoor and outdoor work settings. NAHB also joined as members of the Construction Industry Safety Coalition and Coalition for Workplace Safety in their responses to the agency.  

As written, the standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime and agriculture sectors, with some exceptions. In its response, NAHB argued the agency’s one-size-fits-all approach to prevent heat injury and illness prevention does not consider the unique needs of these different industries.

Specifically, NAHB expressed concerns over applying the same heat triggers nationwide, as well as the proposal’s overly prescriptive requirements, such as mandatory rest breaks and acclimatization procedures.

Instead, NAHB advocated for guidance that allows employers to tailor their heat injury and illness prevention programs to fit the needs of their employees, the size of their businesses and the areas in which they work.

NAHB also discussed the impact the rulemaking would have on housing affordability and the critical workforce shortage in construction. Using data collected from the November 2024 NAHB/Wells Fargo Housing Market Index, survey respondents noted the following when asked about the impact of the proposal:

• 75% indicated the requirements would create delays or difficulty completing projects on time
• 69% stated they would raise home prices
• 53% stated they would have difficulty hiring subcontractors, while 32% stated the requirements would make it more difficult to hire construction employees
• 37% stated some projects would be unprofitable
• 31% stated the requirements would cause their businesses to turn down projects they would otherwise accept

Additionally, OSHA recently announced a fully virtual informal public hearing, where interested organizations and individuals can provide testimony and evidence to provide the agency with the best available evidence to use in developing a final rule. The hearing will take place on June 16, 2025.

NAHB will continue to follow the rulemaking process and provide updates. Even without a nationwide standard in place, employers still have a duty to protect their employees working in extreme temperatures. NAHB has created resources for working in both hot and cold environments, including video toolbox talks on heat stress and cold stress, as well as a Heat Stress Safety Toolkit.