OSHA Regulatory Agenda Delays Heat Standard, Advances Tree Care and Lockout Rules
The White House Office of Management and Budget released its latest Regulatory Agenda on July 3, and ISHN reports it shows OSHA delaying final action on a national heat standard while moving forward on several other worker safety rules affecting field trades.
Market Impact
The heat injury and illness prevention standard, first proposed under the Biden administration in 2024, has been in limbo since OSHA held hearings in June 2025 and extended the post-hearing comment period twice, most recently to October 30, 2025. Rather than finalizing that rule, the new agenda calls for a supplemental notice of proposed rulemaking by December 2026, with final action pushed to 2027.
Jordan Barab, OSHA deputy assistant secretary from 2009 to 2017 and author of the Confined Space newsletter, told ISHN the delay “indicates that OSHA may be heading back to the drawing board, probably to issue a very different, and weaker version of the Biden proposal.” Barab noted that seven states, including California, Colorado, Maryland, Minnesota, Nevada, Oregon and Washington, already have their own heat protection rules, while OSHA continues to rely on the general duty clause and a national emphasis program covering 55 high-risk industries in the meantime.
Other items on the agenda include a Tree Care standard proposal due in October, a final Emergency Response standard scheduled for next April, and a proposed update to the Lockout/Tagout standard set for November that would allow computerized lockout systems instead of physical padlocks on modern equipment. Barab believes volunteer fire departments will be dropped from the final Emergency Response rule after industry pushback. Separately, OSHA opens informal public hearings on August 19 covering respirator medical evaluation requirements, hazard color codes for textile mills, sawmills and shipyards, and changes to the Walking-Working Surfaces standard.
What It Means for Subcontractors
- No federal heat standard is coming this year. Outdoor and indoor crews in states without existing heat rules should still document water, shade and rest-break protocols now, since OSHA’s general duty clause and its 55-industry emphasis program remain active enforcement tools.
- Tree care contractors and landscapers should prepare for a proposed standard in October 2026 aimed at operators without dedicated tree care training or equipment.
- Electrical, mechanical and maintenance subcontractors using lockout/tagout procedures should watch for the November 2026 proposal allowing computerized lockout on modern equipment, which could change compliance documentation requirements.
- Volunteer and paid emergency response crews should track the final Emergency Response standard due next April, particularly language on whether volunteer fire departments are included.
- Employers using filtering facepiece or loose-fitting powered air-purifying respirators should submit input at OSHA’s August 19 hearings, where proposed changes could weaken medical evaluation requirements.
