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
Apr 20, 2026
More Young Adults Interested in the Construction Trades, but Challenges PersistA new study conducted by the National Association of Home Builders (NAHB) reveals that more young adults between the ages of 18 and 25 are interested in the construction trades but more work needs to be done to educate the public that there are increasing opportunities for rewarding, lucrative careers in the skilled trades.
Apr 17, 2026
Single-Family Permits Decline Sharply to Start 2026Residential construction activity began 2026 on a mixed note, with single-family permitting weakening significantly while multifamily activity remained relatively stable.
Latest Economic News
Apr 20, 2026
Construction Workforce Shifts: Fewer Tradesmen, More White-Collar JobsThe long-running shift in the construction labor force away from construction trades and toward management, business, and technical roles is ongoing and gaining momentum, according to NAHB’s analysis of the latest 2024 data from the American Community Survey (ACS).
Apr 17, 2026
Count of Second Homes Declines in 2024In 2024, the number of second homes in the U.S. was 6.2 million, accounting for 4.3% of the nation’s housing stock, according to NAHB estimates. This reflects a modest decline from 2022, when the number reached 6.5 million. This decline suggests some cooling following the pandemic-era surge in second home demand.
Apr 16, 2026
Young Adults Report More Interest in the Construction Trades: 2026 SurveyNAHB estimates the U.S. has a structural housing deficit of 1.2 million units. Among the myriad of headwinds home builders face trying to close that gap is the industry’s chronic shortage of workers in the construction trades.