A federal rule that could mandate how you cool down your workers - with specific break schedules, shade requirements, water provisions, and training programs - is moving closer to reality. And this week, the National Federation of Independent Business pushed back hard.

NFIB submitted formal testimony to the U.S. House Committee on Education and the Workforce on May 14th, urging Congress to stop a proposed federal Heat Standard from being finalized by OSHA. The testimony came ahead of a hearing called "Building a Safer Future: Private-Sector Strategies for Emerging Safety Issues."

What the proposed rule would actually require

OSHA's proposed Heat Standard has been in development for years. If finalized, it would require outdoor and indoor employers to implement a written heat injury and illness prevention plan, provide water, rest, and shade, monitor conditions when the heat index hits 90 degrees Fahrenheit, and implement additional protections above 100 degrees.

Businesses with outdoor operations - construction, landscaping, agriculture, HVAC, pest control, delivery - would be most directly affected.

Why small businesses are fighting it

NFIB's core argument is that small business owners already do this - and don't need OSHA to tell them how.

The testimony described what its members are already doing without a federal mandate: buying extra vehicles with air conditioning to park at job sites, rearranging work schedules to avoid peak heat hours, providing cold refreshments, creating shaded break areas, purchasing fans, issuing breathable uniforms, and training employees in recognizing heat-related illness.

"Business owners know their workers and the risks at their job sites better than politicians and bureaucrats," said Dylan Rosnick, NFIB Principal of Federal Government Relations, in the written testimony. "They are much better equipped to create and tailor workplace safety programs that make sense for their business and employees, rather than a one-size-fits-all approach."

The complaint isn't with worker safety itself. It's with regulatory compliance costs - the paperwork, the monitoring requirements, the record-keeping, the risk of OSHA citations for not following a specific protocol even if workers are protected in a different way.

The legislation trying to head this off

Senator Bill Cassidy (R-La.) and Rep. Mark Messmer (R-Ind.) have introduced the Heat Workforce Standards Act, which would prevent OSHA from finalizing the heat standard without additional congressional review. NFIB has backed the bill, and in April helped lead a coalition of 50 trade associations in sending a joint letter to the bill's sponsors urging passage.

The House subcommittee hearing on May 14th was a signal that congressional interest in the topic is growing - both for and against the standard.

What this means for your business right now

The heat standard is not final. It has not been published in the Federal Register. You don't have to do anything differently today.

But if you run any business with outdoor workers, or an indoor facility without central air, this is worth watching. The comment periods and final rulemaking process typically give employers 6-18 months of lead time, but that window can move faster depending on administration priorities.

The smart move right now: document what you already do to protect workers from heat. If you provide water, build in rest breaks on hot days, tell workers to stop if they feel sick - write it down. A written heat illness prevention plan isn't required yet, but having one on file puts you in the best possible position when rules do arrive.

The number that matters: OSHA estimates the proposed standard would cost employers about $5.36 billion annually to implement. For large companies, that's noise. For a five-person landscaping operation, compliance paperwork and monitoring requirements could run $3,000-$8,000 per year according to NFIB's estimates - before any potential citation risk is factored in.

The practical question

Do you currently have a written plan for what happens when it's 98 degrees and your crew is on a roof?

If yes - you're probably already close to what this standard would require. Clean it up and file it.

If no - regardless of federal rules, this summer is a good time to make one. Not because the government says so. Because heat stroke sends more outdoor workers to the ER than most owners realize.

Sources: NFIB testimony to U.S. House Committee on Education and the Workforce, May 14, 2026 - full testimony PDF. NFIB press release: NFIB Urges U.S. House Committee to Protect Small Businesses from Invasive Federal Heat Standard.