Seyfarth Synopsis: Virginia passes heat illness statute to develop VOSH heat illness standards regulating private employers by May 1, 2028.
With the federal OSHA heat illness standard in rulemaking limbo, the Commonwealth of Virginia officially joined the growing list of states taking workplace heat illness prevention into their own hands. With the Governor’s approval of SB 288 on April 13, 2026, the Commonwealth is charting a path toward enforceable heat safety standards for both indoor and outdoor private‑sector workplaces, even as a federal rule remains incomplete.
While the Virginia rule will not take effect immediately, employers should view this legislation as an early warning—and an opportunity—to begin developing heat illness programs.
Core Areas for New Heat Illness Regulations
SB 288 does not establish specific exposure limits or prescriptive controls. Instead, it directs the Virginia Safety and Health Codes Board to develop formal heat illness prevention standards by May 1, 2028. Those standards will apply broadly across industries and will address work performed in both indoor and outdoor workplaces
The real regulatory impact will unfold during the rulemaking process over the next several years. However, the statute specifically mandates that the new VOSH regulations must require employers to provide:
- Water,
- Access to shade or climate-controlled environments when practicable,
- Rest periods,
- Acclimatization to working in heat,
- Effective training regarding heat illness prevention,
- Heat and high-heat procedures when the temperature equals or exceeds heat thresholds to be set by the Board at a future date, and
- Effective emergency response procedures.
These core elements are consistent with existing heat illness prevention standards in California, Maryland, Minnesota, Nevada, Oregon, and Washington, as well as long-standing, but unofficial, heat illness guidance from federal OSHA.
The statute specifically excludes a range of emergency services and heat exposure lasting no longer than 15 consecutive minutes.
The Temperature Threshold Question
One of the most important open questions in Virginia is what temperatures trigger initial and “high-heat” protections. States that already regulate heat exposure have taken different approaches, using a mix of ambient temperature, heat index, or industry‑specific thresholds.
Virginia regulators will need to strike a balance between protecting workers from heat‑related illness and fatalities; and crafting a rule that is enforceable across industries.
This same challenge has slowed progress at the federal level, where OSHA’s progress on a national heat standard has stalled at the rulemaking stage. The uncertainty around federal timing and scope was a key reason Virginia paused its own heat rulemaking back in 2021. This time, the Commonwealth is not waiting.
Recommendations
Under the OSH Act’s General Duty Clause, heat illness can be a recognized hazard when employees are exposed to high temperatures. Although Virginia’s final heat illness rule is years away, employers already are required to protect employees from recognized hazards under the General Duty Clause. Virginia employers would be wise to develop or implement existing heat illness prevention programs this spring to reduce the risk of employee injury and illness. Reasonable preparatory steps could include:
- Reviewing current heat illness prevention policies (or drafting them if none exist)
- Identifying work tasks and locations with elevated risk of heat exposure
- Ensuring hydration, shade, and rest practices are documented and consistently applied
- Training supervisors to recognize early signs of heat illness
- Ensuring emergency response protocols are understood and implemented
- Monitoring rulemaking activity and participating in stakeholder input when available
Federal OSHA updated its Heat National Emphasis Program on April 10, 2026, emphasizing that heat hazards are no longer a temporary or emerging concern, even extending the NEP by five years, through 2031. The revised program keeps the basic framework of the original 2022 NEP but reflects a sharper, more data-driven enforcement approach with a clearer roadmap for issuing citations. OSHA has also refined industry targeting based on injury and fatality data, with increased attention on indoor heat risks, warehousing, construction, and transportation.
For employers, the smartest approach is proactive, not reactive. Heat illness prevention is no longer an emerging concept; it is rapidly becoming a baseline expectation across the country.
If you are evaluating whether to implement a heat illness program or need a multi‑state compliance strategy, the Seyfarth Workplace Safety & Environmental team is ready to assist.