5) The final standard should require all indoor workplaces to implement engineering controls that maintain indoor temperatures below 80°F, thereby protecting all indoor workers, regardless of job classification. 

6) The final standard should require employers to develop and maintain a written Heat Illness Prevention and Management Plan, available in English and in the primary language spoken by the majority of employees at each worksite.  This plan must include mandatory acclimatization protocols and annual training for all workers. 

7) The final standard should include a heat-specific anti-retaliation provision that protects workers who report hazards or violations, request breaks, or refuse unsafe work conditions.  The standard should presume retaliation for any adverse action taken within 90 days of such a report and must apply to all workers, regardless of employer type or immigration status.  We further urge the Board to recommend that the General Assembly restore a private right of action. 

8) Employers should be required to report all heat-related illnesses and injuries, maintain a comprehensive heat-related incident log, and notify VOSH of any heat-related emergency care within eight hours. 

Introduction 

Extreme heat is the leading cause of weather-related deaths among U.S. workers, claiming more lives than hurricanes, floods, and tornadoes combined.  Workers exposed to excessive heat suffer a range of preventable illnesses, from heat rash and muscle cramps to heat exhaustion, heat stroke, and cardiac arrest.  Early warning signs like dizziness, loss of coordination, nausea, and fainting sharply increase the risk of workplace injuries, including falls and incidents involving hazardous materials.  These tragedies are entirely preventable.  Simple, proven measures—access to water, regular rest breaks, and adequate shade—are all it takes to protect workers’ health and lives. 

As temperatures climb, so does the danger to workers.  The National Weather Service’s recommendations are clear: workers need shade, hydration, reduced work intensity, and schedules that avoid the hottest parts of the day.  These are basic, effective protections that every worker should have.  

Workers cannot protect themselves from extreme heat unless their employer allows it.  Without a Virginia-specific heat standard, workers are left with Virginia’s General Duty Clause, which requires employers to provide a workplace free from recognized hazards likely to cause death or serious harm.  This approach is reactive, not preventive.  It demands proof of harm after the fact, instead of requiring the proven steps—water, shade, breaks, and monitoring—that prevent heat illness in the first place.  Right now, employers alone decide whether workers get breaks, cool water, shade, adjusted schedules, or the training and equipment needed to respond to a medical emergency.  Employers also decide, unilaterally, whether new workers are given time to adjust to the heat, whether a heat safety plan exists in writing at all, and whether training is provided in a language workers understand.  A formal standard is necessary to ensure every worker receives these basic protections.   

In 2024, 48 workers lost their lives due to exposure to environmental heat.  The Bureau of Labor Statistics reports an average of 3,389 heat-related injuries and illnesses resulting in days away from work each year from 2011 through 2020. These figures are widely understood to be an undercount of the true toll.  Virginia faces these same challenges.  Delegate Phil Hernandez, sponsor of HB 1092, has reported that Virginia experienced seven work-related fatalities due to heat stress in 2024.  The Virginia Department of Health's heat-illness surveillance program documented more than 4,000 emergency department visits for heat-related illness during the 2026 heat season,  higher than the year-to-date average of 2,737 visits by this time each year.  These numbers are expected to increase.  Since 1970, temperatures in Virginia have risen 2.8°F. George Mason University's Virginia Climate Center has identified extreme heat as one of the three hazards of greatest concern to the Commonwealth in its first statewide climate assessment, released in November 2025.  According to Virginia Cooperative Extension, the number of days each year with temperatures above 90°F, historically about 30, is projected to rise to between 60 and 90 days by mid-century.  Any standard the Board adopts must protect workers from the climate conditions they will encounter in the coming decades. 

1. Adopt the 2021 Draft Standard as a Floor, and Match or Exceed Maryland's Model 

Virginia Code § 40.1-44.2 requires the Board to consider the Department’s 2021 Draft Heat Illness Prevention Standard prior to finalizing any rule.  This draft includes comprehensive and practical measures addressing water access, cool-down areas, acclimatization, high-heat protocols, emergency response, written plans, training, and protections against retaliation.  These provisions draw on established standards from Oregon, Washington, and California, as well as NIOSH recommendations. The Board benefits from not having to start from scratch. In addition, Maryland’s heat stress standard provides a fully implemented, operational model on the East Coast that covers similar industries and climate conditions.

2. Establish Clear 80°F and 90°F Heat Index Triggers 

Virginia Code § 40.1-44.2 establishes requirements for high-heat procedures when temperatures reach or exceed 80°F.  Public Citizen urges the Board to build upon this statutory foundation by adopting a two-tier trigger system, consistent with Maryland's regulation and Virginia's 2021 draft standard. Under this approach, an initial heat trigger at 80°F would require baseline protection, including access to water, shade, or cooling, and increased monitoring.  A high heat trigger at 90°F would require mandatory rest breaks and close observation of workers. 

3. Require Mandatory Paid Rest Breaks 

Maryland requires a minimum ten-minute rest period for every two hours worked when the heat index is between 90 and 100°F, and a minimum 15-minute rest period for every hour worked above 100°F. Virginia must not delay protections for workers until temperatures reach 100°F.  A heat index in the 90s already presents a significant risk of heat exhaustion and heat stroke, especially for those performing outdoor or physically demanding work.  Public Citizen urges the Board to require at least a ten-minute break every hour once the Heat Index meets the High Heat threshold.  For this requirement to be effective, the final standard should specify clear, unannounced inspections by VOSH and include rest-break compliance in employer recordkeeping obligations.  This approach would reduce alliance discretionary language that allows breaks only if needed or when practicable, which creates uncertainty for workers and gives employers sole authority to determine when breaks are provided.  To ensure worker safety and fairness, employers must recognize rest periods as compensable work time and face penalties for noncompliance. 

4. Guarantee the Right to Refuse Unsafe Heat 

Virginia's 2021 draft standard already included the explicit right for employees to refuse work or enter a location due to a reasonable fear of illness or death, stating that "[n]othing in this chapter shall limit an employee from refusing work or entering a location due to a reasonable fear of illness or death.”  Current occupational safety law often requires workers to demonstrate an imminent risk of death or serious harm to exercise the general right to refuse unsafe work.  This threshold does not adequately address the realities of heat illnesses, which can quickly progress from manageable to life-threatening. The final standard must explicitly maintain this protection, rather than leaving workers to rely solely on Virginia’s General Duty Clause. 

5. Ensure Comprehensive Indoor Coverage 

Indoor heat poses a significant and preventable threat to workers in Virginia’s poultry-processing, food service, warehousing, and manufacturing industries.  Many workers in these sectors have little chance of adjusting when temperatures or humidity rise suddenly, putting their health and safety at risk. Complaints about indoor heat are as frequent as those about outdoor heat, and heat-related risks exist whether the source is outdoor sunlight or indoor industrial equipment.  The final standard must not allow employers to avoid responsibility by simply claiming mechanical ventilation.  Instead, it should require all indoor employers to implement effective engineering controls, such as increased air movement, dehumidification, or air conditioning to keep the heat index below 80°F and protect workers. 

6. Require Written Plans, Acclimatization, and Multilingual Training 

Acclimatization protocols, written heat safety plans, and multilingual training are essential components for safeguarding workers during periods of extreme heat exposure.  OSHA reported that nearly half of heat-related worker fatalities occur on the first day of work or the first day back after an absence, and more than 70 percent occur within the first week, before workers have had the opportunity to physiologically adapt.  Implementing a mandatory acclimatization schedule directly addresses this risk by ensuring workers do not adjust without guidance.  A written plan is necessary to enforce any standard; without it, VOSH inspectors and workers lack a clear basis for assessing compliance.  To further ensure enforceability and accountability, the final standard should also require employers to maintain comprehensive training records, including the date of each session, the topics addressed, and a list of all employees in attendance.  This documentation provides both VOSH and workers with verifiable evidence that required training has taken place, rather than relying solely on employer assertions. Training must also be provided in a language workers understand, as effective communication is critical to worker safety.  Immigrants comprise approximately 43.1 percent of Virginia's construction workforce and represent a significant portion of the agriculture and food-processing sectors.  Maryland has established requirements for a written plan, up to 14 days of acclimatization monitoring, and annual training on symptom recognition and reporting rights. Virginia's 2021 draft standard included similar provisions. 

7. Adopt Heat-Specific Anti-Retaliation Protections 

As introduced, HB 1092/SB 288 would have provided workers with the ability to seek injunctive relief and statutory damages.  However, the Senate removed this private right of action prior to passage. This omission matters most for workers most affected by heat hazards.  Many individuals employed in agriculture and construction encounter substantial obstacles when reporting unsafe conditions.  These workers often operate through contractors, subcontractors, or staffing agencies and have limited job security.  Immigrant and low-wage workers, in particular, are at increased risk of retaliation when raising concerns about workplace hazards.  Virginia's 2021 draft standard acknowledged this reality by prohibiting retaliation against workers who report heat-related concerns to their employer, colleagues, government agencies, or the public.  In the absence of a private right of action, these workers must rely solely on VOSH's enforcement capacity to ensure their protection. 

8. Require Heat-Incident Reporting and Recordkeeping 

National data significantly understate the true extent of heat-related illnesses and injuries in the workplace.  Current federal recordkeeping requirements only mandate reporting when a heat-related incident results in death or inpatient hospitalization, leaving uncounted the many cases managed with first aid or short-term restricted duty.  Moreover, even when a worker dies, fatality is often not attributed to heat exposure because symptoms such as cardiac arrest or organ failure may be misclassified as other causes.  This gap in reporting obscures the full scope of heat-related risks and undermines efforts to develop effective prevention strategies.  Requiring employers to maintain a written log of all heat-related incidents, accessible to workers and their representatives, is essential to identifying hazards early and assessing the effectiveness of existing controls.  Comprehensive documentation of every heat-related incident, including those not resulting in serious injury, will provide a more accurate understanding of workplace conditions and enable both employers and regulators to recognize patterns, address persistent risks, and strengthen safety measures before workers suffer severe harm. 

Conclusion 

The Heat Illness Prevention Standard represents a significant opportunity for Virginia to protect its workers using models that have already demonstrated success in other states. We urge the Board to act promptly, uphold the strong protections outlined above, and establish the 2021 Virginia heat illness prevention standard draft as the foundation for worker safety—measures that can and should be built upon. 

Thank you for the opportunity to comment on this important worker's health and safety issue. For questions, please contact A'Ishah Johnson, workers' health and safety advocate in Public Citizen's Congress Watch division, at ajohnson@citizen.org. 

Sincerely, 

A'Ishah Johnson 

Workers' Health and Safety Advocate 

Public Citizen, Congress Watch 

CommentID: 241603