The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) is advancing a comprehensive Heat Injury and Illness Prevention Standard that would affect nearly all small businesses nationwide—including indoor workplaces such as warehouses, restaurant kitchens, garages, and retail storage areas. While safeguarding workers from extreme heat is important, OSHA’s proposal is excessively rigid, one-size-fits-all, and impractical for small businesses. Here’s why small business owners should be concerned and why the NFIB Small Business Legal Center is fighting the proposed rule. The work accomplished in 2025 was made possible through the support and financial contributions of NFIB members like you. These resources were essential in enabling the Legal Center to fight for small business interests in courts across the nation. Looking ahead, the coming year promises to be equally demanding, and the Legal Center remains committed to advocating for and winning on behalf of small businesses.
A UNIFORM RULE THAT OVERLOOKS PRACTICAL REALITIES
OSHA’s regulation would be triggered when the heat index hits 80°F (with stricter measures at 90°F), regardless of industry, location, or type of work. Unlike state heat regulations that focus on outdoor work, OSHA’s proposalapplies to indoor environments as well. This means a small auto repair shop in Virginia, a family-owned warehouse in Ohio, and a local restaurant in Maine could all face identical federal mandates, despite diverse heat risks and work conditions. During OSHA’s recent Small Business Advocacy Review process, I had the opportunity to highlight how this approach fails to account for real-world operations and seasonal differences.
COSTLY ADMINISTRATIVE & COMPLIANCE BURDENS
Under the proposed rule, most employers would need to develop a written Heat Injury and Illness Prevention Plan (HIIPP), appoint a heat safety coordinator, monitor and record heat conditions throughout the day, train staff annually, and keep detailed records for inspections. For small businesses without a human resources department or safety staff, this means higher administrative costs and greater legal exposure.
MANDATORY PAID BREAKS AT HIGH TEMPERATURES
At the “high heat” threshold, the rule would require paid rest breaks every two hours, regardless of customer demand or staffing. For small businesses, this could result in lost productivity during busy periods and increased labor costs. OSHA has also not explained how these breaks interact with overtime regulations, creating legal uncertainty.
ENHANCED ENFORCEMENT AND LIABILITY
Even without a final rule, OSHA has already ramped up heat-related inspections and enforcement initiatives. Once finalized, OSHA would have broader grounds for citations and greater discretion to second-guess employer judgments—including a checklist-style enforcement approach that penalizes technical violations even without worker harm. Small businesses could face hefty fines and legal liabilities over paperwork errors or good-faith mistakes.
In a comment letter to OSHA, NFIB formally warned that the proposal is economically infeasible for small businesses and fails to account for situations where compliance is impractical or could pose hazards. These concerns largely remain unaddressed.
Although the rule is not final, OSHA is moving swiftly. If adopted as is, it would impose significant compliance costs and liability risks on small businesses, even though most already protect workers with practical, flexible solutions— without inflexible federal mandates. While OSHA’s intent may be good, the proposed heat standard is fundamentally flawed. It risks burdening small businesses with rigid rules, excessive paperwork, higher costs, and increased liability—without meaningful safety improvements. Small business voices must continue to be heard before this rule becomes law.
