Which States Require a Heat Illness Prevention Plan?
Five states legally require employers to maintain a written heat illness prevention plan: California (8 CCR 3395 outdoor and 3396 indoor), Oregon (OAR 437-002-0156), Washington (WAC 296-62-095), Nevada (regulation R131-24, for employers with more than 10 employees), and Maryland (COMAR 09.12.32). Every other state falls under federal OSHA, which enforces heat protection through the General Duty Clause and its heat National Emphasis Program rather than a written-plan mandate. Each state sets its own trigger temperature and rules, so a compliant plan must match the state where the work happens.
State-by-state at a glance
| State | Rule | Trigger | Written plan required? |
|---|---|---|---|
| California | 8 CCR 3395 (outdoor), 3396 (indoor) | 80°F outdoor; 82°F indoor | Yes |
| Oregon | OAR 437-002-0156 | Heat index 80°F (more at 90°F) | Yes |
| Washington | WAC 296-62-095 | 80°F (52°F in non-breathable clothing) | Yes |
| Nevada | R131-24 (NAC ch. 618) | Hazard-based, no fixed temperature | Yes, employers over 10 employees |
| Maryland | COMAR 09.12.32 | Heat index 80°F | Yes |
| All other states | OSH Act 5(a)(1) + OSHA heat NEP | No fixed trigger; OSHA inspects proactively | Not mandated, but expected in practice |
Why one generic plan does not work
The state rules disagree on the numbers. California and Maryland trigger on different temperature measures, Washington applies year-round with a low action level for non-breathable clothing, and Nevada has no temperature trigger at all, keying instead on a written job hazard analysis of heat exposure. A plan carrying another state’s thresholds is evidence you did not implement your own rule.
A compliant plan states your state’s trigger, the correct water and rest requirements, acclimatization, high-heat procedures, emergency response, and training, and cites the state regulation by its exact number.
Get a state-correct plan in minutes
TailgateDocs generates your written heat illness prevention plan for $49. Pick your state and the generator writes to your rule, validating the citation against a verified regulations table, or uses the federal framework for the other 45 states. Not sure what your state requires overall? Take the free state requirements quiz.
Common questions
▸Is there a federal heat illness prevention requirement?
Not a written-plan mandate yet. OSHA has proposed a national heat rule, but until it is final, federal enforcement runs through the General Duty Clause and the heat National Emphasis Program. The five state rules are enforceable now.
▸What if my crews work in more than one state?
The rules of the state where the work happens apply. Multi-state contractors typically write to the strictest state they operate in, and generate a separate plan for each state with its own mandate.
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