Texas leads the country in outdoor heat-related workplace fatalities. OSHA does not yet have a permanent federal heat standard, but that does not mean employers have no legal obligation. This guide explains exactly what the law requires, what changed in April 2026, and what an enforceable Heat Illness Prevention Plan must contain.
Bottom line: OSHA enforces heat safety through the General Duty Clause (Section 5(a)(1) of the OSH Act), which requires employers to protect workers from recognized serious hazards. In April 2026, OSHA renewed its Heat National Emphasis Program (CPL 03-00-024) for five years. Under the NEP, OSHA Region 6 conducts targeted heat inspections at Texas outdoor worksites on NWS heat-advisory days. A missing or deficient Heat Illness Prevention Plan is a citable violation.
The April 2026 Heat NEP Renewal — What Changed
The original Heat NEP launched in April 2022 and was set to expire in April 2026. On April 10, 2026, OSHA issued an updated directive — CPL 03-00-024 — renewing the program for five years, active through at least 2031. Key points:
- The General Duty Clause remains the enforcement basis. There is no final permanent federal heat rule — the proposed rule is still pending and is not expected to finalize in the near term.
- OSHA Region 6 (Texas, Oklahoma, Arkansas, Louisiana, New Mexico) continues to be a primary target zone.
- Inspections are triggered by NWS heat advisory days, fatality/hospitalization reports, and complaints.
- Heat inspections can be initiated during any other programmed inspection at an outdoor worksite.
What a Compliant Heat Illness Prevention Plan Must Include
OSHA compliance officers reviewing heat programs look for specific elements. A plan that says "provide water and rest" without specifics is not sufficient. A compliant plan includes:
Water
At least one quart (32 oz) of cool water per worker per hour — provided free of charge. The plan must specify the quantity and interval, not just say "provide water."
Rest in the Shade
Workers must have access to shade or equivalent cooling within a 2-minute walk whenever the heat index is above 80°F. The plan must state the cool-down rest location and minimum rest periods.
Heat Index Action Thresholds
The plan must specify the three NOAA heat index action thresholds our documents are built around:
- 80°F heat index: Shade must be accessible within a 2-minute walk of all workers. This threshold triggers the shade requirement — not 91°F.
- 91°F heat index: Implement preventive cooling measures, monitor workers, ensure shade access
- 103°F heat index: Active cooling measures, mandatory rest periods, enhanced monitoring
Using the NOAA heat index scale (not just air temperature) is important — humidity is a critical factor in heat illness risk.
Acclimatization
New workers and workers returning from 5 or more days away must follow an acclimatization schedule. OSHA's official "Rule of 20 Percent" (osha.gov) requires Day 1 at 20% of the normal workload, Day 2 at 40%, Day 3 at 60%, Day 4 at 80%, and full exposure from Day 5 onward if no symptoms. Full physiological acclimatization takes 7–14 days. This is one of the most commonly missing elements in heat plans. This is one of the most commonly missing elements in heat plans.
Buddy System
Workers should be assigned pairs whenever the heat index is forecast to exceed 103°F to monitor each other for symptoms of heat illness. The plan must describe how pairs are assigned and what to look for.
Emergency Response Procedure
The plan must include a step-by-step 911 procedure for heat stroke response — not just "call 911." It should specify: who calls, what information to provide, how to cool the worker while waiting, and the nearest hospital address. This is a hard requirement.
Supervisor Responsibilities
Supervisors must check the NWS forecast each morning before crews begin outdoor work. When the forecast heat index is 95°F or above, a brief daily tailgate meeting (5–10 minutes) is required before work starts — covering heat conditions, water and rest reminders, and buddy assignments. This tailgate meeting must be documented. The plan must describe this protocol.
What Triggers an OSHA Heat Inspection in Texas
Under the NEP, OSHA Region 6 inspectors may visit outdoor worksites on any day when NWS issues a heat advisory for the area. Inspections can also be triggered by:
- A worker complaint (most common trigger)
- A heat-related fatality or hospitalization report (OSHA must be notified within 8 hours for fatality, 24 hours for hospitalization)
- A referral from another agency
- An ongoing programmed inspection at an outdoor worksite
Important: Businesses with 10 or fewer employees in low-hazard industries are exempt from programmed inspections — but NOT from complaint-driven or fatality/injury-driven inspections. The heat requirements still apply to your business regardless of size.
What Happens If You Don't Have a Plan
A missing or inadequate Heat Illness Prevention Plan can result in a General Duty Clause citation — a serious violation carrying a maximum penalty of $16,550 per violation (2026). If OSHA determines the violation was willful or repeated, the penalty can reach $165,514 per violation. In a fatality case, OSHA frequently issues multiple citations simultaneously.
Texas-Specific Considerations
Texas does not have a state OSHA plan — it operates under federal OSHA (Region 6, Dallas). The Texas Department of Insurance / Division of Workers' Compensation (TDI/DWC) also has an interest in heat illness prevention because heat-related claims affect workers' comp premiums. Texas Mutual Insurance Company offers a premium discount of approximately 12% for employers with qualifying written safety programs.
Getting a Compliant Plan
ReadyDocs Safe builds industry-specific Heat Illness Prevention Plans for all six Texas industries — construction, lawn and landscape, auto services, food and beverage, manufacturing, and salons. Each plan includes all required elements, the correct heat index thresholds, an acclimatization schedule, and an emergency response procedure formatted for your nearest hospital. Available as a standalone document ($97) or as part of the Complete Safety System ($597).