Virginia’s Spanberger Approves Workplace Heat Safety Standards

Virginia will join a growing list of states with workplace heat safety standards that private-sector employers must follow under legislation approved by Gov. Abigail Spanberger (D).

The bill (SB 288) tasks the state’s Safety and Health Codes Board with creating standards for indoor and outdoor workplaces no later than May 1, 2028, adding Virginia to a handful of states that have dictated heat safety protocols in the absence of a federal standard.

The US Occupational Safety and Health Administration continued work on developing a national heat safety rule in 2025, but President Donald Trump’s deregulatory goals are likely to yield a more employer-friendly standard than those passed in Democratic-majority states.

Virginia employers will be required to provide water, access to shade, rest periods, acclimatization, and training for working in heat. High-heat procedures would take effect at a temperature threshold to be determined by the board in its rulemaking.

Deciding on an appropriate temperature threshold to trigger protections has been a notable challenge, both in state proposals and OSHA’s federal regulatory efforts.

California, Maryland, Minnesota, Oregon, and Washington state have mandated workplace heat safety standards, while Colorado has imposed a standard specific to agriculture workers.

Virginia regulators previously considered a workplace heat safety proposal but halted the rulemaking process in late 2021, with some board members citing concerns it would conflict or be redundant with the federal regulation that they thought at the time would be implemented soon.