Heat rules in Virginia: Code section 40.1-44.2 and the standard being written

This page reports what the official source says. It is not legal advice: ask the office named here. It restates section 40.1-44.2 of the Code of Virginia, two entries in the Virginia Register of Regulations and the Department of Labor and Industry's page on the heat illness prevention standard, as read on October 9, 2026. Virginia runs its own OSHA State Plan, the Virginia Occupational Safety and Health Program (VOSH), as OSHA's State Plans page lists. The comparison of every place is on the heat rules overview.

What the law says

Section 40.1-44.2, headed "Standards for heat illness prevention", carries the history line "2026, cc. 731, 732". It tells the Safety and Health Codes Board to adopt regulations establishing standards designed to protect workers from heat illness during indoor and outdoor work. It sets no temperature itself. It defines a worker as an employee, independent contractor or other laborer whose worksite conditions are controlled by an employer. It applies to employers under the VOSH Program.

Part of the section	What it says
Required content	Standards to cover water, rest periods, acclimatization to working in heat and effective training on heat illness prevention for each employer, plus access to shade or climate-controlled places when practicable
Heat thresholds	Employers to implement heat and high-heat procedures when the temperature equals or exceeds thresholds set by the Board
Emergency response	Employers to establish effective emergency response procedures
Exemptions	Emergency services work (emergency law enforcement, emergency medical services, firefighting, rescue and evacuation, emergency highway construction or maintenance, emergency restoration of essential utilities), and heat exposure lasting no longer than 15 consecutive minutes
Enforcement	As specified in sections 40.1-49.3 through 40.1-49.7

The Department of Labor and Industry's page

The Department's page says the 2026 General Assembly enacted the law requiring the Board to adopt the standard by May 1, 2028, and that the Department is developing the proposed standard through the regulatory process under the Board's direction. It describes a 28-member Regulatory Advisory Panel of workers, employers, trade associations and technical experts. The panel list includes the Virginia Nursery and Landscape Association, shown for landscaping contractors, among the agriculture seats, and local government safety staff among the public sector seats. The page lists three open virtual panel meetings, each with public comment at the end: October 15, 2026, October 29, 2026 and November 12, 2026, Eastern Time.

The 2021 attempt

The Virginia Register of Regulations published a Notice of Intended Regulatory Action for 16VAC25-210, Heat Illness Prevention Standard, on May 10, 2021, with a public comment deadline of June 9, 2021. It said the proposed regulation would address indoor and outdoor heat illness hazards in all industries under Virginia's State Plan. On July 18, 2022 the Register printed that the Board had withdrawn the action because the Board voted not to move forward with it. The 2026 section differs in that it is a statute telling the Board to adopt a standard.

The pages read for this guide show no adopted heat standard text and no effective date for one. The federal side is on the United States page.

Heat rules in Virginia: Code section 40.1-44.2 and the standard being written

What the law says

The Department of Labor and Industry's page

The 2021 attempt

Sources