The beginning of summer often aligns with the beginning of the growing season for many Midwest farmers. With the rising temperatures, fruits and vegetables aren’t the only things growing this summer. Heatstroke, heat exhaustion, and other heat-related injuries are major risks for employees. So how do employers ensure their workers stay safe during long days in the sun? State and federal agencies have developed recommendations and policies to answer this question.
OSHA’s Proposed Rule on Hold
In August 2024, the federal Occupational Safety and Health Administration (OSHA) issued a proposed rule regarding heat injury and illness prevention in outdoor and indoor work settings in all industries where it has authority. The rule would require employers to create a plan to evaluate and control heat hazards in their workplace and clarify employer obligations to effectively protect employees from hazardous heat.
By January 2025, the proposed rule still hadn’t been reviewed, and when he took office, President Donald Trump issued a memorandum for heads of executive departments and agencies that implemented a regulatory freeze pending review. The memorandum also prohibits the proposal or issuance of any rule until a department or an agency head appointed by Trump reviews and approves the rule.
Federal OSHA Recommendations: Employer Responsibilities
Despite the regulatory review freeze on the proposed rule regarding heat injury and illness prevention, OSHA still recommends employers take the following precautions regarding high temperatures and work safety for all employees:
· Heat illness prevention plan. Your plan should include monitoring, acclimatization, work/rest schedules, a buddy system, and protocols for emergencies and first aid.
· Water. You should provide cool, potable water that’s accessible near the work area and encourage workers to drink water regularly, approximately one cup every 20 minutes.
· Rest and shade. You should provide regular rest breaks in shaded or air-conditioned areas to allow workers to cool down.
· Training and acclimatization. You should train workers and supervisors to recognize signs of heat-related illness and implement acclimatization programs for new or returning workers.
Wisconsin’s Emergency Rule: Heat Illness Prevention Plan for Employees
In 2024, Wisconsin implemented heat illness protection rules, which were removed in January 2025 in anticipation of OSHA’s heat illness prevention rule approval. The freeze on OSHA’s proposed rule resulted in the passing of an emergency rule in March 2025 by the Wisconsin Department of Workforce Development (DWD) to protect field workers—who are primarily migrant workers—from heat illness as a result of summer’s rising temperatures.
The rule effectively reimplemented two DWD provisions that had previously been in effect for the 2024 growing season and are modeled after OSHA recommendations and the proposed heat illness prevention rule. Notably, the new Wisconsin requirements apply only to operations in which any number of migrant workers are engaged in hand labor.
While OSHA currently has recommendations for employers, the new emergency Wisconsin rules require employers to:
· Monitor employees who are susceptible to heat illness, and establish a heat illness prevention plan.
· Provide shade to employees and the opportunity to take breaks when temperatures exceed 80°F.
The newly implemented Wisconsin DWD rules expand on field sanitation standards, previously only requiring drinking water for workers and reasonable opportunity to hydrate.
Now, Wisconsin employers must take the following measures to ensure employee safety:
Develop a heat illness prevention plan. You’re required to develop, implement, and maintain a written heat illness prevention plan. Your plan must be available at the worksite and include procedures for emergency response, effective communication, and first-aid measures.
Provide shaded areas that are either open to the air or equipped with ventilation or cooling when outdoor temperatures exceed 80°F. The shade must accommodate all workers on break or taking meals, allowing them to sit comfortably without being in physical contact with each other. The shaded areas should be located as close as practicable to the work areas.
Permit workers to take cooldown breaks in shaded areas when they feel it’s necessary to protect themselves from overheating. During such breaks, you must monitor your employees for symptoms of heat illness and may not require them to return to work until symptoms have abated or after a minimum of five minutes, whichever is longer.
In addition to these steps, you must also implement additional measures when temperatures reach or exceed 95°F, including:
· Ensuring effective communication methods are in place for workers to contact supervisors or emergency services;
· Observing workers for signs of heat illness;
· Designating personnel authorized to call for emergency medical services;
· Reminding workers to drink water and take breaks; and
· Conducting pre-shift meetings to review high-heat procedures and workers’ rights to take preventive cooldown rests.
Bottom Line
The easiest way to ensure worker safety during the hottest months of the year is to comply with state laws, federal guidance, and local provisions. These rules were in effect for the 2024 growing season, and existing employers should have already established plans and shade areas to meet the above requirements. New employers should implement these policies as soon as possible to comply with the Wisconsin DWD.
Rebecca Bisone is an attorney with Axley Brynelson, LLP, in Madison, Wisconsin. She can be reached at 608-283-6788 or rbisone@axley.com.