OSHA's Revised Heat NEP: What the April 2026 Update Means
OSHA's revised Heat National Emphasis Program, effective April 10, 2026, covers 55 industries through 2031. Construction is on that list. A heat citation and a WC heat illness claim start from the same temperature.
OSHA issued a revised Heat National Emphasis Program on April 10, 2026, expanding enforcement to 55 high-risk industries through 2031. Construction is among the targeted sectors. From April 2022 through December 2024, OSHA conducted roughly 7,000 heat-related inspections and issued 60 citations under the OSH Act (OSHA, April 2026). For contractors, the same event that draws OSHA scrutiny can also generate the kind of WC claim that sits in the experience rating window for years.
OSHA's original Heat National Emphasis Program ran from April 2022 through April 2025, directing federal inspectors toward heat-exposed work environments during warm months. The revised version, issued April 10, 2026, extends the program through 2031 and expands the list of targeted industries from roughly 40 to 55 (OSHA Heat NEP Revision, April 2026).
For construction contractors in the Southeast, the revision changes two things. The enforcement timeline extends: inspectors will be prioritizing heat-exposed worksites through 2031, not just the current season. And the targeting scope broadens: the revised industry list includes more of the specialty trade categories where subcontractors concentrate.
What the Heat NEP directs inspectors to do
The Heat NEP doesn't set temperature thresholds that automatically trigger violations. It directs OSHA area offices to prioritize heat-exposed worksites for inspection during hot weather months, particularly when the heat index reaches or exceeds 80 degrees Fahrenheit. That threshold covers most of the Southeast from May through September.
From April 2022 through December 2024, OSHA conducted approximately 7,000 heat-related inspections under the original program. Those inspections produced 60 citations under the general duty clause of the OSH Act (OSHA, April 2026). The general duty clause applies because OSHA still hasn't finalized a heat-specific standard, though rulemaking has been active for several years.
The 60 citations from three years of enforcement is a low number relative to inspection volume. What matters more for contractors is the roughly 1,400 hazard alerts issued across those same inspections: notices that a heat hazard was observed, issued without a citation. A hazard alert is a documented finding. In a subsequent inspection at the same employer, it can become the predicate for a citation.
The workers' comp connection
A heat illness that causes lost work time is a workers' comp claim. In the Southeast, summer conditions produce heat exhaustion, heat cramps, and heat stroke at higher rates than most other regions. Heat stroke, in particular, can be catastrophic: a construction worker who suffers a severe heat stroke may need hospitalization, face an extended recovery, and require ongoing treatment for neurological effects. That claim can stay open inside the three-year experience period for years.
Heat-related WC claims affect the Experience Modification Rate (EMR) in two ways. The direct effect is the cost of the claim itself. The less visible effect: an open reserve on a heat illness claim that hasn't been revisited may be carried above the current expected outcome, inflating actual losses on the worksheet throughout the experience period.
Small crews and the heat exposure gap
The OSHA Heat NEP targets employers, not projects. A small specialty trade subcontractor with a four-person crew doing outdoor concrete work in August has the same general duty obligation under the NEP as a large general contractor. The difference is that smaller employers are less likely to have documented heat illness prevention programs, less likely to have had training reviewed by safety personnel, and more likely to be performing the most physically demanding outdoor labor in the highest-temperature conditions.
In our reviews of Southeast contractor worksheets, heat-related claims often appear under broad classification codes for concrete work, excavation, or roofing rather than being tracked as a distinct exposure. That makes it difficult to see the pattern until multiple claims have accumulated.
What an audit would check
An audit examines whether claims on the worksheet from workers in outdoor, high-physical-demand roles are captured under the correct classification codes, and whether those codes reflect the actual exposure. It reviews open reserves on injury claims from outdoor workers during summer months, particularly for claims where the initial reserve reflected worst-case projections that haven't been adjusted as the case developed. With the revised Heat NEP extending enforcement through 2031, heat-related injury risk in construction isn't a seasonal issue. It's a recurring exposure that will face increased inspection scrutiny for the next five years.
If you have open claims from outdoor construction workers in your experience window, send us your NCCI worksheet and we'll review whether those reserves reflect the current state of each case.