Labor & Employment Law Daily Wrap Up, DOL NEWS—OSHA issues new instructions for national emphasis program on outdoor and indoor heat-related hazards, (Apr 13, 2026)
By Brandi O. Brown, J.D.
Though OSHA includes new covered industries, it removes twice as many, meaning that the removed industries have a lower likelihood of experiencing inspections.
OSHA has made changes to its National Emphasis Program (NEP) relating to outdoor and indoor heat-related hazards, first established in 2022, and issued a new set of instructions.
Changes. Much of the climate-policy framing was removed from the document. It will also be operative for longer than the 2022 version (five years, instead of three). It now includes as an appendix a list of questions for evaluating an employer’s heat program, as well as one for compliance safety and health officers (CSHOs) to consult when evaluating whether there is sufficient evidence to issue a General Duty Clause Section 5(a)(1) citation for heat-related hazards.
Industry list. According to the Department of Labor’s news release on the updated instructions, it used OSHA and BLS data for the calendar years 2022 to 2025 to direct its inspection priorities. It now limits those priorities to 55 “high-risk industries,” reflecting the removal of 46 industries; the addition of 22 industries; and the retention of 33 industries.
The new instructions have eliminated the numerical inspection goal that was included in 2022. The 2026 NEP also has removed 46 industries from the 2022 Heat NEP’s list of target industries. This means that they are no longer programmed-inspection priorities, but it does not mean they will not be subject to heat inspections in the event of complaints, referrals, fatalities, or plain-view hazards.
Subtractions. Removed industries include a variety of manufacturing industries (such as glass, basic chemical, iron and steel, motor vehicles, motor vehicle parts, aerospace, ship and boat building, and railroad rolling stock); wholesale, retail, and commercial services (such as petroleum, beer and wine, automotive parts, apparel and piece goods, and paper products); healthcare, hospitality, and institutional services (such as nursing care facilities); transportation and infrastructure (such as waste treatment and disposal); and professional, administrative, and government services (such as facilities support).
Additions. More than 20 industries were added, including, among others, hog and pig farming; cheese manufacturing; animal slaughtering and processing; plastic product manufacturing; clay product and refractory manufacturing; steel product manufacturing from purchased steel; cement and concrete product manufacturing; metalworking machinery manufacturing; greenhouse, nursery, and floriculture production; inland water transportation; wired and wireless telecommunications carriers; and architectural, engineering, and related services.
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