Highlights
Impacted Employers:Virginia employers
Effective Date:Employer regulations will be developed by May 1, 2028.
Summary:Virginia has enacted legislation that will require employers to implement heat illness prevention plans.
Next Steps:Review policies, practices and training to help comply with the changes.
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The Details
Virginia has enacted legislation (House Bill 1092), which will require employers to implement heat illness prevention plans under state law.
Background
Heat illness is a serious medical condition resulting from the body's inability to cope with a particular heat load, which includes heat cramps, heat rash, heat edema, heat exhaustion, heat syncope, rhabdomyolysis and heat stroke.
House Bill 1092
Under House Bill 1092, the Safety and Health Board (the Board) and the Virginia Department of Labor and Industry will develop employer regulations by May 1, 2028, which will create standards designed to protect employees, independent contractors, and other laborers from heat illness during indoor and outdoor work.
The standards will include requirements for each employer to:
- Provide water, access to shade or climate-controlled environments when practical, rest periods, acclimatization to working in heat, and effective training regarding heat illness prevention;
- Implement heat and high-heat procedures when the temperature equals or exceeds heat thresholds set by the Board; and
- Establish effective emergency response procedures.
There will be exemptions for heat exposure:
- Lasting no longer than 15 consecutive minutes; or
- During the provision of emergency services involving emergency law enforcement, emergency medical services, firefighting services, rescue and evacuation operations, emergency highway construction or maintenance or emergency restoration of essential utilities, including electric and telecommunication utilities.
See the text of the law for further details that will help shape the regulations.
Next Steps
Monitor the Virginia Department of Labor and Industry website for further details on employer requirements and opportunities to participate as a stakeholder in shaping the heat illness prevention regulations.