The AC is broken and the kitchen is brutal. How hot can a restaurant legally get?

What to do on a hot shift

Say the kitchen AC has been out for a week, the line is running hot, and a cook looked dizzy last night (illustrative).

1. 1Know the danger signs. OSHA lists confusion, slurred speech, passing out, and seizures as signs of heat stroke. Dizziness, nausea, heavy sweating, and thirst can mean heat exhaustion.
2. 2If someone has those signs, act first. OSHA says move them somewhere cooler, cool them right away, don’t leave them alone, and when in doubt, call 911.
3. 3Drink water through the shift. OSHA’s sanitation standard requires employers to provide drinking water.
4. 4Tell your manager in writing. Say what’s wrong, since when, and what’s happened to people. Keep the text.
5. 5If it doesn’t get fixed and it’s dangerous, contact OSHA. You can file a complaint asking OSHA to inspect: 1-800-321-6742.

Not tax or legal advice. Names and dates are made up. This is federal law only; your state may have a heat rule.

Plain English

Why there’s no number

OSHA’s FAQ on hot and cold indoor workplaces says OSHA does not require employers to provide heat or air conditioning. For comfort, it recommends keeping indoor temperature between 68 and 76°F, but that’s a recommendation. In a 2003 letter on office temperature, OSHA said temperature is generally a matter of comfort, and that it can’t cite an employer under the General Duty Clause for personal discomfort.

When heat becomes the employer’s legal problem

Federal OSHA’s heat page points to the General Duty Clause, Section 5(a)(1) of the Occupational Safety and Health Act. It requires employers to provide a workplace free from recognized hazards that are causing or likely to cause death or serious physical harm. OSHA says courts read it to cover hazards the employer or its industry recognizes, when there’s a feasible way to fix them, and that this includes heat that’s likely to cause death or serious harm.

OSHA says hazardous heat can happen indoors in any season, not only in heat waves. Its list of indoor workplaces where workers have suffered heat illness includes “bakeries, kitchens, and laundries.” Heat risk isn’t just air temperature: OSHA counts humidity, air movement, heat sources like ovens, physical work, and clothing.

OSHA’s heat enforcement program

OSHA runs a National Emphasis Program on outdoor and indoor heat hazards. The current version (directive CPL 03-00-024) took effect April 10, 2026, replacing the 2022 version. It lists “restaurants and other eating places” among industries likely to have heat-related hazards. On “heat priority days,” when the heat index is expected to be 80°F or more, OSHA area offices assess heat hazards in indoor or outdoor work areas or offer worksite help. The directive runs for no more than five years unless it’s canceled or extended.

What OSHA suggests employers do

• Air conditioning and more air flow.
• Slowing the pace, shorter shifts, and frequent breaks away from heat sources.
• Encouraging workers to drink fluids.
• Training everyone on heat symptoms and first aid.
• Extra care for new workers, who haven’t built up heat tolerance yet.

Your rights

OSHA says workers have the right to working conditions that don’t pose a risk of serious harm, and to file a complaint asking OSHA to inspect. OSHA keeps identities confidential. It’s illegal to retaliate against you for raising a safety concern; if that happens, OSHA says to file a complaint as soon as possible and no later than 30 days.

If you’re pregnant, EEOC lists not working in the heat as a limitation you can ask your employer to accommodate. See pregnant server rights.

State rules

Some states run their own OSHA-approved plans and have heat standards of their own, including for indoor workplaces. Your state may have one. DOL keeps a list of state labor offices.