VTCA Brings Highway Construction’s Voice to Virginia’s New Heat Illness Rulemaking
Virginia is moving to its first workplace heat illness prevention standard, and VTCA is working to make sure the rule fits the way roads and bridges are actually built.
During the 2026 session, the General Assembly passed HB 1092 and SB 288. The new law, directs the Safety and Health Codes Board, in consultation with the Department of Labor and Industry (DOLI), to adopt a heat illness prevention standard by May 1, 2028. The standard must require employers to provide water, access to shade or a climate-controlled environment when practicable, rest periods, acclimatization, and effective training, along with emergency response procedures and heat and high-heat procedures triggered at temperature thresholds the Board will set.
Public Comment Period
DOLI formally opened the rulemaking with a Notice of Intended Regulatory Action (NOIRA), published in the Virginia Register on August 24, 2026. The public comment period ran through September 23. DOLI has also established a Heat Illness Prevention Regulatory Advisory Panel (RAP) to provide technical input as the Department develops the proposed standard and makes recommendations to the Board.
VTCA’s Comments
VTCA worked with the American Road & Transportation Builders Association (ARTBA) and our members to craft public comments for the RAP to consider as it develops its recommendations. Our message was simple: our members already provide water, shade, rest, and training on their job sites, and the final rule should protect workers in a way that can actually be applied on a paving crew moving through a live work zone. Our key requests:
Performance-based compliance for mobile worksites. Recognize air-conditioned cabs, crew vehicles, and portable canopies as compliant, and let VDOT work zone traffic control govern where a heat provision would conflict.
A workable definition of “practicable.” Account for operational feasibility, cost, and traffic exposure, with proportionate recordkeeping.
Contract relief. Set an effective date at least twelve months after adoption and coordinate with VDOT on contracts already bid at fixed prices and times.
Clarity on multi-employer sites and acclimatization. Define worksite control so each employer answers for its own crews, and tie acclimatization to NIOSH graduated-exposure guidance.
VTCA also urged DOLI to include highway and heavy civil construction representatives with direct field experience on the RAP.
What Comes Next
Once the RAP completes its work, DOLI will develop a proposed regulation for the Board’s consideration, and the public will have another opportunity to comment when it is published. VTCA will continue to engage at every stage.
We want to hear from you. Your field experience is our strongest argument. If your company has heat illness prevention practices, costs, or jobsite challenges VTCA should share with the RAP, please contact Gordon Dixon at gordon@vtca.org.