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Virginia Enacts Heat Illness Prevention Law - HR ALERTS

Virginia Enacts Heat Illness Prevention Law

Regulations due by: May 1, 2028

What Happened

Virginia has enacted new legislation (HB 1092 / SB 288), signed by Abigail Spanberger, requiring the development of workplace heat illness prevention standards.


The Virginia Safety and Health Codes Board must adopt formal regulations by May 1, 2028, outlining employer responsibilities for protecting employees working in high heat conditions. Employer compliance is required following adoption.


What Employers Should Expect

The upcoming regulations are expected to require employers to:

  • Provide drinking water

  • Ensure access to shade or climate-controlled environments (when practicable)

  • Allow for rest periods

  • Implement acclimatization practices for employees working in heat

  • Deliver heat illness prevention training

  • Establish heat and high-heat procedures based on temperature thresholds

  • Maintain emergency response procedures


Limited exemptions will apply, including:

  • Certain emergency services

  • Short-duration heat exposure (≤15 minutes)


Important Context

In developing the final rule, Virginia regulators must consider a prior draft standard (2021), which proposed:

  • 80°F as the “heat” threshold

  • 90°F as the “high heat” threshold

  • Additional safeguards such as 10-minute cooldown breaks every two hours


Why This Matters

Virginia joins a growing number of states implementing heat safety standards, including:

  • California

  • Colorado (agriculture-specific)

  • Minnesota

  • Oregon

  • Washington

Additional states are actively considering similar legislation, signaling a broader trend toward increased workplace heat protections.


What This Means for Employers

  • No immediate action required, but advance planning is recommended

  • Employers with outdoor or non-climate-controlled work environments should begin evaluating:

    • Current heat safety practices

    • Training programs

    • Break and hydration policies

  • Multi-state employers should anticipate continued expansion of heat-related compliance requirements


Reference:

Get day-to-day updates on Virginia Enacts Heat Illness Prevention Law visit the Vida HR Knowledge Center (Vida HR Clients Exclusive).

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