New law makes heat protections a hot topic for Colorado employers

Worker safety in extreme temperatures has been the focus of significant discussion for many years. Although the federal Occupational Safety and Health Administration (OSHA) tried to implement an explicit heat safety standard, it currently doesn’t have one. On August 12, 2026, Colorado joins the lineup of states attempting to address the hazards presented to workers by extreme temperatures.

Hazard-free workplace

In August 2024, OSHA proposed adding heat safety regulations that would have required employers to mitigate heat illness exposure in the workplace. After proceeding through the comment phase of the rulemaking process, the OSHA heat regulations stalled, and it’s unclear if we will ever see a true heat safety standard within the OSHA regulations.

In the absence of an enforceable heat standard, OSHA has turned to the General Duty Clause, which requires employers to provide a workplace free from recognized hazards. OSHA has also issued a National Emphasis Program on heat, which has been active since 2022, and was recently extended until April 2031.

States step in

Given the lack of enforceable federal standards, several states with state-run OSHA plans—such as California, Nevada, Washington, and Oregon—have implemented their own heat standards. These state standards sit alongside federal safety standards and are enforced by state-level OSHA inspectors from Cal/OSHA, Nevada OSHA, and the like.