As temperatures rise across California, employers should revisit their obligations under Cal/OSHA’s heat illness prevention standards. California continues to regulate both outdoor and indoor heat exposure, and those requirements remain important in 2026. By contrast, federal OSHA still has not issued a final nationwide heat-specific standard. OSHA’s proposed rule, Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings, was published in August 2024, and the agency’s public hearing process concluded in 2025, but the rule has not yet been finalized.

For California employers, the outdoor heat illness prevention standard applies to all outdoor places of employment. Among other things, employers must provide fresh drinking water, access to shade, cool-down rest opportunities, training, emergency response procedures, and acclimatization procedures. California’s outdoor rule also requires high-heat procedures in certain industries, and additional precautions apply when temperatures reach 95°F or higher.

California employers also need to remember that the state’s indoor heat standard, which took effect on July 23, 2024, remains in force in 2026. The indoor rule generally applies to workplaces where the temperature reaches 82°F, requiring employers to provide water, cool-down areas, training, emergency response procedures, and acclimatization measures. Additional monitoring and control measures are required when the temperature or heat index reaches 87°F, or at 82°F in certain circumstances, such as where employees wear heat-retaining clothing or work in high radiant heat areas.

Covered employers must have written Indoor/Outdoor Heat Illness Prevention Plans and ensure the Plans are implemented and followed. Employers with both indoor and outdoor operations should evaluate each work area separately. In practice, that means reviewing whether current written procedures, supervisor training, employee training, water access, cool-down areas, temperature-monitoring practices, and emergency response protocols satisfy the requirements of both Section 3395 and Section 3396. Cal/OSHA also continues to emphasize heat illness prevention through guidance and outreach in 2026, underscoring that this remains an active compliance issue for California employers.

California employers cannot wait for a federal rule before acting. Even though federal OSHA has not yet adopted its own final heat injury regulation, California employers already must comply with the state’s established indoor and outdoor heat illness prevention standards.

If you have questions about heat injury and illness prevention, please contact an attorney at Jackson Lewis P.C.

With summer nearing, California employers should review their workplace violence prevention plans and complete annual training. Read more about WVPP: California Workplace Violence Prevention: Annual Review and Training Deadlines Are Coming Back Around.

The Occupational Safety and Health Administration (OSHA) has revised its National Emphasis Program (NEP) addressing indoor and outdoor heat-related hazards, effective April 10, 2026. The updated directive is designed to focus inspections and outreach on industries and workplaces where heat-related risks are most likely to occur.

Primary Differences

Although the revised NEP formally cancels and replaces the previous April 8, 2022, directive, it continues OSHA’s enforcement emphasis on heat hazards in general industry, construction, maritime, agriculture, and other targeted industries. Compared to the prior version, the revised NEP uses more recent data to identify these target industries. It also removes outdated background material and references, updates links, revises the inspection goal, and adds reorganized appendices addressing heat-program evaluation and citation guidance.

Program Framework and Scope

OSHA states that the program’s overarching goal is to reduce worker exposure to heat-related hazards that may result in illness, injury, or death by targeting industries or worksites where employees may lack adequate protections.

According to the U.S. Department of Labor, the program relied on OSHA and Bureau of Labor Statistics data from 2022 through 2025 to establish inspection priorities for 55 high-risk industries. OSHA removed 46 target industries from the prior list, retained 33, and added 22 industries.

The NEP also authorizes compliance officers to expand the scope of inspections where there is evidence of heat-related hazards or when inspections occur during “heat priority days,” defined as days when the heat index is expected to reach 80 degrees Fahrenheit or higher. In addition, programmed inspections are directed to occur on any day that the National Weather Service has announced a heat warning or advisory for a local area.

While OSHA does not currently require employers to adopt a formal heat illness prevention program at the federal level, the revised NEP instructs compliance officers to assess whether employers have implemented effective heat related controls when evaluating potential hazards. In doing so, compliance officers are directed to consider a range of programmatic and operational factors, including whether the employer has:

  • Monitored environmental conditions and work exertion;
  • Provided access to cool potable water, rest, shade, and acclimatization opportunities;
  • Utilized administrative controls to limit heat exposure;
  • Trained employees on heat illness recognition and response; and
  • Designated oversight for managing heat related safety measures.

Enforcement

In the absence of a federal heat illness standard, citations issued under the NEP generally rely on the Occupational Safety and Health Act’s general duty clause, which requires OSHA to establish the existence of a recognized hazard and feasible means of abatement. In addition, OSHA may rely on existing standards that address related requirements, such as sanitation standards that require employers to provide potable water. For agricultural operations, OSHA’s field sanitation standard further requires employers to provide employees with cool potable water.

Next Steps and Key Takeaways

The updated program is effective immediately and will remain in place for five years unless otherwise canceled or superseded by another directive.

While the NEP indicates that State Plans are not required to adopt the revised program, OSHA strongly encourages them to do so. Employers should also be aware of a growing number of state-level laws and regulations addressing workplace heat exposure, with additional measures pending in other jurisdictions.

Employers should consider reviewing their heat illness prevention practices in light of OSHA’s updated inspection priorities and enforcement focus, as well as applicable state-level standards. If you have questions about workplace heat hazards or OSHA’s revised NEP and how it could affect your organization, contact a Jackson Lewis attorney.

Virginia is among a growing number of states that have adopted healthcare-specific workplace violence prevention and reporting obligations. On April 6, 2026, Governor Abigail Spanberger signed House Bill (HB) 1489, which expands and clarifies workplace violence reporting requirements for hospitals with emergency departments.

Specifically, the new law requires covered hospitals to:

  • Collect more detailed information about reported workplace violence incidents, including specific incident descriptors and the degree of physical injuries to staff;
  • Report facility-level data at least quarterly to additional internal recipients, such as the chief of staff, the chief executive officer, and the medical staff executive committee, or equivalent position;
  • Submit annual, aggregated facility-level data to the Virginia Department of Health (Department), with all personally identifiable information removed; and
  • Include in its annual report to the Department a statement indicating whether the hospital changed any existing policies in response to workplace violence incidents during the reporting period.

Under legislation that took effect in 2025, covered hospitals are already required to maintain a workplace violence incident reporting system, adopt anti-retaliation policies protecting employees who report incidents or seek assistance, and establish a security plan based on a facility-specific risk assessment. Hospitals must also provide workforce training on topics such as de-escalation, risk identification, and violence prevention planning.

Under HB 1489, the Department is required to publish an annual summary of the aggregated data according to the health planning region where the incident occurred. The first public report is due by December 31, 2027.

HB 1489 also reinforces confidentiality protections. Facility-level data and information related to workplace violence is confidential, and information submitted to the Department under this law is exempt from disclosure under the Virginia Freedom of Information Act.

The Board of Health is directed to promulgate regulations implementing these provisions by January 1, 2027. Jackson Lewis attorneys will monitor forthcoming regulations and related developments.

If you have questions about workplace violence prevention or reporting obligations, contact a Jackson Lewis attorney on our Workplace Safety and Health team.

On March 12, 2026, the Occupational Safety and Health Administration (OSHA) announced new appointments to the Advisory Committee on Construction Safety and Health (ACCSH) and confirmed that the committee will hold a virtual public meeting on March 31 and April 1, 2026. For construction employers, the meeting may offer an early look at OSHA’s approach to respiratory protection and fit-testing proposals that could affect compliance obligations in the industry.

Meeting Agenda Highlights

According to OSHA, the upcoming meeting agenda will include discussions about several proposed rule changes stemming from recent deregulatory efforts pursuant to Executive Order (EO) 14192, “Unleashing Prosperity Through Deregulation.” Among other items, briefing topics include proposed changes involving medical evaluation requirements in respiratory protection, specific chemical rules, and amendments to the Rapid REDON Fit-Testing Protocol. OSHA also notes that additional agenda information and updates will be posted to the ACCSH website ahead of the meeting.

ACCSH Appointments

The Contract Work Hours and Safety Standards Act (Construction Safety Act or CSA) requires the Secretary of Labor to consult with ACCSH in formulating CSA standards and policy matters. In July 2025, OSHA issued a final rule that reduced the size of ACCSH from 15 members to nine. According to OSHA’s recent notice, Secretary of Labor Lori Chavez-DeRemer appointed the nine members on February 6, 2026.

The committee is composed of three employer representatives, three employee representatives, and three public representatives selected for their professional and technical competence and experience in construction safety and health.

Takeaways

For construction employers, the notice is a reminder that ACCSH continues to serve as a public forum for discussion of OSHA construction-related policy and rulemaking. Although ACCSH does not issue standards itself, its meetings can provide insight into OSHA’s priorities and where the agency may be headed next in the construction safety and health space.

If you have questions about ACCSH or OSHA compliance issues affecting construction employers, contact a Jackson Lewis attorney.

New York Governor Kathy Hochul signed Senate Bill S5922-A/A2725-A into law on Dec. 12, 2025, expanding workplace first aid requirements to include opioid antagonists where first aid supplies are required under federal law. On Feb. 13, 2026, Assembly Bill A9453/S8770 amended this law to address several issues, as Governor Hochul had identified in her approval memorandum for the original bill.

This legislation is intended to address the continuing rise of opioid-related emergencies and ensure that workplaces are prepared to respond. As amended, the law clarifies several key compliance obligations for employers. Specifically, private employers that are required by the federal Occupational Safety and Health Act of 1970 (OSH Act) and its standards to maintain readily available first aid supplies must now also make opioid antagonists, such as naloxone (Narcan), available at the workplace for use in providing first aid or emergency treatment. The amendments clarify that employers are not required to include an opioid antagonist in every individual first aid kit.

Additional amendments align the law with existing public health statutes and clarify the public-employer exemption. The law also directs the New York State Department of Labor (NYSDOL) to issue regulations, including the appropriate number of opioid antagonists based on workplace size, training requirements, and any other necessary matters. Covered employers will also have more time to comply with the new legislation, as the effective date was extended to one year from enactment (Dec. 12, 2026).

Employers should evaluate whether they are subject to federal first aid requirements and monitor forthcoming NYSDOL guidance on implementation.

For questions about New York’s new opioid antagonist requirements, please contact the authors or a Jackson Lewis attorney in the Workplace Health and Safety practice group.

OSHA’s deadline for many employers to electronically submit their annual injury and illness data is rapidly approaching. Through OSHA’s Injury Tracking Application (ITA), covered employers must provide their OSHA Forms 300A, 300, and 301 information by March 2, 2026.

Employers must report their OSHA Form 300A annual summary data if they meet one of the following requirements:

  • The employer has 250 or more employees and is not in an industry on the exempt industries lists; or
  • The employer has 20-249 employees and is in an industry listed in Appendix A of the applicable regulations.

Establishments must complete the OSHA Form 300A summary even if no work-related recordable injuries or illnesses occurred during the reporting period.

Certain higher-hazard workplaces must also report more detailed data from their OSHA 300 Log and 301 Incident Report forms if they have 100 or more employees and are in a designated industry.

The window for submitting workplace injury and illness data opened on January 2, 2026, and employers have a limited amount of time to comply with the upcoming deadline. If you have questions about your organization’s OSHA reporting obligations, contact a Jackson Lewis P.C. attorney on the Workplace Safety and Health team.

Employers covered by OSHA’s recordkeeping rules should prepare now for the upcoming deadline to post the OSHA 300A Annual Summary of workplace injuries and illnesses. The required posting period runs from February 1 through April 30, 2026, leaving limited time to review records and complete the summary of 2025 data. A summary is required even if a facility had no recordable injuries in 2025.

Covered employers must review their prior year injury and illness data, complete the OSHA Form 300A or equivalent form, and have the summary certified by a company executive. The certified summary must be posted at each establishment in a conspicuous location where employee notices are customarily displayed.

The OSHA 300A Annual Summary must remain posted and visible for the duration of the posting period and may not be altered, defaced, or covered. OSHA requires employers to post only the annual summary, not the underlying OSHA 300 Log.

Certain employers, including those with 10 or fewer employees throughout the previous calendar year and those in certain industries, may be exempt from the posting requirement. Even with these exemptions, most employers are subject to the posting requirement, and any exemption should be confirmed by reviewing OSHA’s list of exempted industries. Employers must retain the annual summary for five years. Employers in state-plan states should also review applicable state requirements, which may differ from federal OSHA.

Employers are encouraged to review their obligations now to ensure timely compliance. For assistance with preparing your annual summary and questions about OSHA posting requirements, contact a member of our Workplace Safety and Health Practice Group.

New York City recently enacted a local law to address growing mental health concerns within the construction industry, reflecting increased attention on suicide prevention and substance abuse. The new law amends the New York City Building Code to broaden required site safety training (SST) to include mental health and wellness, suicide risk and prevention, and alcohol and substance misuse.

Under the Building Code, SST cards are required for most workers and supervisors on certain construction and demolition sites that require a Site Safety Plan or Site Safety Professional. The new law modifies the definitions of SST cards and SST supervisor cards, requiring applicants and renewing cardholders to successfully complete two SST credits focused on mental health-related subjects. These requirements supplement existing training obligations, such as OSHA courses, fall protection training, and other approved SST credits.

The legislation also introduces greater flexibility for card renewals. SST cards and SST supervisor cards may now be renewed up to one year after expiration, provided the required SST credits are completed within the year before expiration and before submitting the renewal application.

The City Council passed the bill in December 2025, and it became law on January 3, 2026, under the New York City Charter after the Mayor neither signed nor vetoed it within the prescribed timeframe. The law takes effect 120 days after enactment, giving covered employers and workers a limited window to comply. Employers may wish to review training protocols and confirm that approved SST providers offer qualifying mental health courses. Failure to comply may result in enforcement actions or civil penalties under the Building Code.

For questions about New York City’s updated SST requirements and their impact on your organization, contact a Jackson Lewis attorney.