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SB288 • 2026

Protection of employees; standards for heat illness prevention, report.

An Act to amend the Code of Virginia by adding a section numbered 40.1-44.2, relating to protection of employees; standards for heat illness prevention.

Healthcare Labor
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Aird
Last action
2026-04-13
Official status
Acts of Assembly Chapter
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Protection for Workers from Heat Illness

This act requires Virginia's Safety and Health Codes Board to create rules that protect workers from heat illness, including providing water, shade or cool places when possible, rest breaks, acclimatization to hot conditions, and training on preventing heat illnesses.

What This Bill Does

  • Requires the Safety and Health Codes Board to make rules protecting workers from heat illness during indoor and outdoor work.
  • Directs employers to provide water, access to shade or cool places when possible, rest breaks, acclimatization to hot conditions, and training on preventing heat illnesses.
  • Exempts emergency services personnel and short-term heat exposure lasting no longer than 15 minutes from these rules.
  • Requires the Board to work with the Department of Labor and Industry to develop detailed regulations for heat illness prevention by May 1, 2028.

Who It Names or Affects

  • Workers who are exposed to hot conditions during their jobs.
  • Employers who have control over worksite conditions.
  • The Safety and Health Codes Board responsible for creating the rules.

Terms To Know

Heat illness
A serious medical condition caused by working in hot environments, including heat cramps, heat rash, heat exhaustion, and heat stroke.
Acclimatization
The process of getting used to working in hot conditions over time.

Limits and Unknowns

  • Does not specify the exact details of how employers must protect workers from heat illness, leaving that up to future regulations.
  • Exempts certain emergency services and short-term heat exposure from these rules.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

SB288AC

2026-03-13 • Conference

Conference Report

Plain English: The amendment recommends rejecting a previous version of the bill and accepting a new version to address heat illness prevention standards for employees.

  • Rejects the previously proposed House Amendment in the Nature of a Substitute (26108468D).
  • Accepts a new Amendment in the Nature of a Substitute (26109847D) to resolve disagreements.
  • The official amendment text does not provide details about the specific changes made in the new substitute amendment, making it unclear what concrete changes will be implemented for heat illness prevention standards.
SB288S3

2026-03-13 • Conference

Conference Report Substitute

Plain English: The amendment adds a new section to Virginia law that requires employers to protect workers from heat illness by providing water, shade or climate-controlled environments, rest periods, training, and emergency response procedures.

  • Adds requirements for employers to provide water, access to shade or climate-controlled areas, rest periods, acclimatization training, and emergency response plans.
  • Establishes exemptions for certain types of emergency services and short-term heat exposure lasting no longer than 15 minutes.
  • The specific details of the regulations are not fully defined in this amendment text and will be developed later by the Safety and Health Codes Board.

Bill History

  1. 2026-04-13 Governor

    Approved by Governor-Chapter 732 (effective 7/1/2026)

  2. 2026-04-13 Governor

    Acts of Assembly Chapter text (CHAP0732)

  3. 2026-04-02 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB288)

  4. 2026-03-31 Senate

    Enrolled Bill communicated to Governor on March 31, 2026

  5. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  6. 2026-03-31 House

    Signed by Speaker

  7. 2026-03-31 Senate

    Enrolled Bill communicated to Governor on March 31, 2026

  8. 2026-03-31 Governor

    Governor's Action Deadline 11:59 p.m., April 13, 2026

  9. 2026-03-30 Senate

    Signed by President

  10. 2026-03-30 Senate

    Enrolled

  11. 2026-03-30 Senate

    Bill text as passed Senate and House (SB288ER)

  12. 2026-03-20 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB288)

  13. 2026-03-13 Conference

    Conference Report released

  14. 2026-03-13 Conference

    Conference Report released

  15. 2026-03-13 House

    Conference report agreed to by House (62-Y 33-N 0-A)

  16. 2026-03-13 Senate

    Conference report agreed to by Senate (21-Y 18-N 0-A)

  17. 2026-03-12 House

    Conferees appointed by House

  18. 2026-03-12 House

    House Conferees: Hernandez, Ward, Oates

  19. 2026-03-06 Senate

    Conferees appointed by Senate

  20. 2026-03-06 Senate

    Senate Conferees: Aird, Surovell, McDougle

  21. 2026-03-06 Senate

    Conferees appointed by Senate

  22. 2026-03-06 Senate

    Senate acceded to request Block Vote (40-Y 0-N 0-A)

  23. 2026-03-04 House

    House insisted on substitute

  24. 2026-03-04 House

    House requested conference committee

  25. 2026-03-03 Senate

    House substitute rejected by Senate (0-Y 40-N 0-A)

  26. 2026-02-27 House

    Read third time

  27. 2026-02-27 House

    committee substitute agreed to

  28. 2026-02-27 House

    Engrossed by House - committee substitute

  29. 2026-02-27 House

    Passed House with substitute (61-Y 34-N 0-A)

  30. 2026-02-26 House

    Read second time

  31. 2026-02-25 Labor and Commerce

    Committee substitute printed 26108468D-H1

  32. 2026-02-25 Labor and Commerce

    Fiscal Impact Statement from Department of Planning and Budget (SB288)

  33. 2026-02-24 Labor and Commerce

    Reported from Labor and Commerce with substitute (15-Y 6-N)

  34. 2026-02-18 House

    Placed on Calendar

  35. 2026-02-18 House

    Read first time

  36. 2026-02-18 Labor and Commerce

    Referred to Committee on Labor and Commerce

  37. 2026-02-16 Finance and Appropriations

    Fiscal Impact Statement from Department of Planning and Budget (SB288)

  38. 2026-02-13 Senate

    Read third time and passed Senate (21-Y 18-N 0-A)

  39. 2026-02-12 Senate

    Read second time

  40. 2026-02-12 Senate

    Engrossed by Senate - committee substitute (Voice Vote)

  41. 2026-02-12 Commerce and Labor

    Committee substitute rejected (Voice Vote)

  42. 2026-02-12 Finance and Appropriations

    Committee substitute agreed to (Voice Vote)

  43. 2026-02-12 Senate

    Engrossed by Senate (Voice Vote)

  44. 2026-02-11 Senate

    Rules suspended

  45. 2026-02-11 Senate

    Passed by for the day

  46. 2026-02-11 Finance and Appropriations

    Committee substitute printed 26107621D-S2

  47. 2026-02-11 Senate

    Constitutional reading dispensed Block Vote (on 1st reading) (40-Y 0-N 0-A)

  48. 2026-02-11 Senate

    Passed by for the day Block Vote (Voice Vote)

  49. 2026-02-10 Finance and Appropriations

    Reported from Finance and Appropriations with substitute (10-Y 5-N)

  50. 2026-02-03 Commerce and Labor

    Committee substitute printed 26106889D-S1

  51. 2026-02-02 Commerce and Labor

    Reported from Commerce and Labor with substitute and rereferred to Finance and Appropriations (8-Y 6-N 1-A)

  52. 2026-02-02 Senate

    Fiscal Impact Statement from Department of Planning and Budget (SB288)

  53. 2026-02-02 Senate

    Senate committee offered

  54. 2026-01-13 Senate

    Prefiled and ordered printed; Offered 01-14-2026 26105398D

  55. 2026-01-13 Commerce and Labor

    Referred to Committee on Commerce and Labor

Official Summary Text

Protection of employees; standards for heat illness prevention; Safety and Health Codes Board.
Requires the Safety and Health Codes Board (the Board) to adopt regulations designed to protect workers from heat illness, as defined in the bill, during indoor and outdoor work. The bill provides that such regulations shall be enforced by the Board's existing authority. The bill directs the Board, in consultation with the Department of Labor and Industry, to develop and adopt regulations that require employers to implement heat illness prevention plans and to convene an advisory panel to assist in developing such regulations. This bill is identical to HB 1092.

Current Bill Text

Read the full stored bill text
An Act to amend the Code of Virginia by adding a section numbered
40.1-44.2
, relating to protection of employees; standards for heat illness prevention.
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered
40.1-44.2
as follows:
§
40.1-44.2
. Standards for heat illness prevention.
A. As used in this section:
"Board" means the Safety and Health Codes Board.
"Employer" means any employer subject to jurisdiction of the Virginia Occupational Safety and Health Program under 16VAC25-60.
"Heat illness" means a serious medical condition resulting from the body's inability to cope with a particular heat load and includes heat cramps, heat rash, heat edema, heat exhaustion, heat syncope, rhabdomyolysis, and heat stroke.
"Worker" means an employee, independent contractor, or other laborer whose worksite conditions are controlled by an employer.
B. The Board shall adopt regulations establishing standards designed to protect workers from heat illness during indoor and outdoor work. Such standards shall include requirements for each employer to (i) provide water, access to shade or climate-controlled environments when practicable, rest periods, acclimatization to working in heat, and effective training regarding heat illness prevention; (ii) implement heat and high-heat procedures when the temperature equals or exceeds heat thresholds set by the Board; and (iii) establish effective emergency response procedures. There shall be exemptions for (a) heat exposure during the provision of emergency services that involve emergency law enforcement, emergency medical services, firefighting services, rescue and evacuation operations, emergency highway construction or maintenance, or emergency restoration of essential utilities, including electric and telecommunication utilities, and (b) heat exposure lasting no longer than 15 consecutive minutes.
C. The regulations adopted by the Board pursuant to this section shall be enforced as specified in §§
40.1-49.3
through
40.1-49.7
.
2. That no later than May 1, 2028, the Safety and Health Codes Board (the Board), in consultation with the Department of Labor and Industry, shall develop and adopt regulations that require employers to implement heat illness prevention plans pursuant to §
40.1-44.2
of the Code of Virginia, as created by this act. In developing such regulations, the Board shall consider the 2021 Draft Heat Illness Prevention Standard of the Virginia Department of Labor and Industry and standards created by the Federal Occupational Safety and Health Administration, the National Institute for Occupational Safety and Health, the American Conference of Governmental Industrial Hygienists, the American National Standards Institute, the Maryland Occupational Safety and Health Division, the Oregon Occupational Safety and Health Division, and the California Division of Occupational Safety and Health. The Board shall also convene an advisory panel to assist in developing such regulations, which shall include (i) employee advocates and stakeholders as at least half of its membership and (ii) stakeholders from the agriculture and business industries and public institutions of higher education.