On July 2, 2025, the U.S. Department of Labor Occupational Safety and Health Administration (OSHA) concluded its nearly month-long hearings on the Biden-era Proposed Rulemaking on Heat Injury and Illness Prevention in Outdoor and Indoor Work Settings.
To comply with the proposed rule, businesses would need to have trained heat safety coordinators ready to dispatch based on the forecast or hourly temperature readings, and ready to set up shaded areas, water stations, observers and enforce a buddy system at quick notice. In addition, the proposal would require employers to develop acclimatization plans for new employees and employees returning from vacation to reacclimate to weather conditions on the job.
During the hearing on June 24, 2025, Nicole Upano, the National Apartment Association’s (NAA) assistant vice president of housing policy and regulatory affairs shared the rental housing industry’s perspective, underscoring NAA and the National Multifamily Housing Council’s joint comments to the agency. Upano urged OSHA to withdraw the proposed rule for further study. Alternatively, she suggested that OSHA move forward with an incremental approach to this rule and target industries where heat is in fact a significant risk. In this scenario, the rental housing industry should be excluded from any future iteration of the rule.
Industry Perspective
These measures are unnecessary and unworkable for industry professionals who spend their days successfully working independently across apartment communities. Drawing from its leading industry credentialing programs, NAA does not prescribe industry standards in this regard, acknowledging that onsite teams of property managers and maintenance professionals have inherent autonomy in their job responsibilities.
On any given day, onsite teams are performing walkthrough inspections and maintenance tasks that are highly variable depending on the season, fulfilling a mix of preventative maintenance and service requests and addressing specific compliance responsibilities for individual communities. Industry professionals are empowered to use their discretion to move between outdoor and temperature-controlled environments and reduce their health and safety risks due to high heat. They mitigate their risks of high heat exposure and do so on a property-by-property basis in ways that work for them, while still ensuring that deadlines are met and jobs get complete without this national standard being in place.
On top of that, NAA and NMHC’s member companies develop policies and practices for their employees to further reduce health risks on the job. Owners and operators offer flexible work schedules—allowing employees to schedule strenuous activity during off peak hours, provide education to recognize the signs of overheating and encourage breaks for rest and hydration. The industry’s mobile workforce also stays in constant contact with team member whereabouts to help mitigate heat safety risks to employees.
Upano concluded her remarks by reiterating that OSHA’s own data shows no significant benefit for workers in the rental housing industry. OSHA’s proposed rule would increase costs for the industry, which would in turn chill future development and redevelopment of rental housing supply—further exacerbating the housing supply crisis. OSHA’s proposed rule as drafted by the last Administration is in direct conflict with President Trump's housing priorities to boost housing supply and reduce housing costs for tens of millions of America's renters.
What’s Next
OSHA plans to continue to seek feedback from the public prior to making any decisions about a final rule. Following the conclusion of public hearings, the agency will open a post-hearing written comment period for legal briefs.
While not mentioned by name, OSHA’s activities will likely be impacted by President Trump’s “Regulatory Freeze Pending Review,” directing “all executive departments and agencies” to refrain from proposing or issuing “any rule in any manner” until a department or agency head appointed or designated by the president reviews and approves the rule. This mandate could put this Biden-era proposal in jeopardy; however, NAA continues to monitor the situation closely for opportunities to reengage.
NAA, alongside NMHC, continues its advocacy with Trump Administration officials and discourages moving forward with this one-size-fits-all approach across industries and climates. NAA will keep its members and affiliate partners up to date on new developments that could impact the industry’s federal compliance responsibilities.
To learn more about NAA’s Trump Administration advocacy, contact publicpolicy@naahq.org.