TITLE 16. LABOR AND EMPLOYMENT

SAFETY AND HEALTH CODES BOARD

Notice of Intended Regulatory Action

Notice is hereby given in accordance with § 2.2-4007.01 of the Code of Virginia that the Safety and Health Codes Board intends to consider promulgating 16VAC25-210, Heat Illness Prevention Standard. As required by Chapters 731 and 732 of the 2026 Acts of Assembly, the purpose of the proposed action is to establish heat illness prevention standards to protect workers from heat illness during indoor and outdoor work. The standards will include requirements for an employer to (i) provide water, access to shade or climate-controlled environments when practicable, rest periods, acclimatization to working in heat, and effective training regarding heat illness prevention; (ii) implement heat and high-heat procedures when the temperature equals or exceeds heat thresholds set by the board; and (iii) establish effective emergency response procedures. Additionally, the regulation will include exemptions for heat exposure during certain emergency situations and for heat exposure lasting no longer than 15 consecutive minutes.

The agency does not intend to hold a public hearing on the proposed action after publication in the Virginia Register.

Statutory Authority: §§ 40.1-22 and 40.1-44.2 of the Code of Virginia.

Public Comment Deadline: September 23, 2026.

Agency Contact: Cristin Bernhardt, Regulatory Coordinator, Department of Labor and Industry, 6606 West Broad Street, Suite 500, Richmond, VA 23230, telephone (804) 786-2392, fax (804) 786-8418, or email cristin.bernhardt@doli.virginia.gov.