Virginia Enacts Heat Illness Prevention Standards

On April 13, 2026, Governor Abigail Spanberger signed companion bills HB 1092 (Chapter 731) and SB 288 (Chapter 732), adding Virginia Code § 40.1-44.2 and directing the Safety and Health Codes Board to adopt heat illness prevention standards for both indoor and outdoor work by May 1, 2028.

The law does not establish specific temperature thresholds or prescriptive controls itself; it creates the framework and delegates the development of those requirements to the Board through rulemaking.

This update applies to employers subject to the Virginia Occupational Safety and Health (VOSH) Program, and the law takes effect July 1, 2026.

What Employers Need to Do

• Begin assessing current heat illness prevention practices for indoor and outdoor work to identify potential gaps.

• Monitor the Board’s rulemaking process, including advisory panel meetings, to stay informed on the temperature thresholds and specific employer obligations that will be set through regulation.

• Ensure anti-retaliation protections are in place, because the law prohibits discharging or discriminating against workers who file safety or health complaints or exercise rights under the statute — and this protection takes effect with the law on July 1, 2026.

• Review current emergency response procedures for heat-related incidents and evaluate whether they align with the types of protections the law is expected to require.

Overview

What the Law Requires

• The Safety and Health Codes Board must adopt regulations establishing heat illness prevention standards for indoor and outdoor work.

• Once adopted, the regulations must require employers to:
  • Provide water, shade or climate-controlled environments (when practicable), rest periods, acclimatization to working in heat, and effective training on heat illness prevention.
  • Implement heat and high-heat procedures when the temperature equals or exceeds thresholds once adopted.
  • Establish effective emergency response procedures.

Key Definitions

• “Heat illness” is defined as a serious medical condition resulting from the body’s inability to cope with a particular heat load, including heat cramps, heat rash, heat edema, heat exhaustion, heat syncope, rhabdomyolysis, and heat stroke.
• “Worker” includes employees, independent contractors, and other laborers whose worksite conditions are controlled by an employer.

Exemptions

• Emergency Services: Heat exposure during emergency law enforcement, emergency medical services, firefighting, rescue and evacuation operations, emergency highway construction or maintenance, or emergency restoration of essential utilities (including electric and telecommunication utilities).

• Short-duration Exposure: Heat exposure lasting no longer than 15 consecutive minutes.

Anti-Retaliation and Enforcement

• No employer may discharge or discriminate against a worker for filing a safety or health complaint or exercising rights under the statute. Workers who believe they have been retaliated against have 60 days to file a complaint with the Commissioner.

• The law does not include a private right of action.

• Enforcement is handled through the state’s safety and health program.

Why This Matters

The law does not impose immediate operational requirements beyond anti-retaliation protections. However, it establishes a May 1, 2028, deadline for the Board to finalize regulations that will directly affect employer obligations.

Employers operating in industries with significant heat exposure should begin preparing now rather than waiting for the final regulations.

Key Risks for Employers

• Treating This as a Future-only Concern: Anti-retaliation protections take effect July 1, 2026, meaning employers face immediate compliance obligations even before the Board finalizes heat-specific regulations.

• Failing to Engage in the Rulemaking Process: Employers who do not monitor or participate in the advisory panel and rulemaking may be caught off guard by the final temperature thresholds and operational requirements.

• Underestimating Scope: The law covers both indoor and outdoor work and defines “worker” broadly to include employees, independent contractors, and other laborers whose worksite conditions are controlled by the employer.

• Overlooking the Broad Definition of Heat Illness: The statute covers conditions ranging from heat rash and heat cramps to rhabdomyolysis and heat stroke, meaning employer obligations will not be limited to only the most severe outcomes.

Additional Information

Advisory Panel and Rulemaking: The Safety and Health Codes Board must convene an advisory panel to help develop the regulations. At least half of the panel must represent employees and industry stakeholders.

In developing the standards, the Board is directed to consider existing resources, including Virginia’s 2021 draft heat illness prevention standard, federal Occupational Safety and Health Administration (OSHA) guidance, and standards from other states such as California, Oregon, and Maryland.

Open Question: Temperature Thresholds: One of the most significant outstanding issues is which temperature threshold triggers heat and high-heat requirements.  While earlier versions of the bill referenced specific thresholds, the final law leaves this determination entirely to the Board through rulemaking.

Source References

• Virginia SB 288 – Protection of employees; standards for heat illness prevention, report.
• Virginia HB 1092 – Companion Bill

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