Arizona 2025 Regular Session

Arizona House Bill HB2790 Compare Versions

Only one version of the bill is available at this time.

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1	1	REFERENCE TITLE: working conditions; heat illness; prevention State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HB 2790 Introduced by Representatives Sandoval: Abeytia, Aguilar, Austin, Cavero, Crews, De Los Santos, Garcia, Mrquez, Mathis, Stahl Hamilton; Senators Bravo, Gabaldn, Gonzales, Miranda, Ortiz An Act amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-207; amending section 23-405, Arizona Revised Statutes; relating to working conditions. (TEXT OF BILL BEGINS ON NEXT PAGE)
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9	9	REFERENCE TITLE: working conditions; heat illness; prevention
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12	12	Introduced by Representatives Sandoval: Abeytia, Aguilar, Austin, Cavero, Crews, De Los Santos, Garcia, Mrquez, Mathis, Stahl Hamilton; Senators Bravo, Gabaldn, Gonzales, Miranda, Ortiz
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46	46	Representatives Sandoval: Abeytia, Aguilar, Austin, Cavero, Crews, De Los Santos, Garcia, Mrquez, Mathis, Stahl Hamilton; Senators Bravo, Gabaldn, Gonzales, Miranda, Ortiz
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68	68	amending title 23, chapter 2, article 1, Arizona Revised Statutes, by adding section 23-207; amending section 23-405, Arizona Revised Statutes; relating to working conditions.
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78	78	Be it enacted by the Legislature of the State of Arizona: Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-207, to read: START_STATUTE23-207. Heat illness prevention; private right of action; rules; definitions A. The industrial commission of Arizona shall adopt rules establishing standards for every industry that may be affected by heat illness as provided in this section that are designed to protect employees from heat illness while engaged in indoor and outdoor work. These standards apply to all indoor and outdoor places of employment and to all employers that fall within the jurisdiction of the division of occupational safety and health. The commission shall create specific standards for the following industries: 1. Agriculture. 2. Construction. 3. Landscaping. 4. Oil and gas extraction. 5. Airport workers. 6. Mail and package delivery workers. 7. Transportation or delivery of agricultural products, construction materials or other heavy materials, including furniture, lumber, freight, cargo, cabinets and industrial or commercial materials, except for employment that consists of operating an air-conditioned vehicle and that does not include loading or unloading. B. Standards adopted pursuant to this section must require each employer to provide potable water and access to facilities as follows: 1. An employer shall provide employees, at no cost to the employees, access to drinking water with ice in quantities sufficient to maintain adequate levels of hydration at varying levels of heat, using a baseline of one cup of cool water per fifteen to twenty minutes, as well as electrolytes if employees have been working for over an hour in conditions at or above eighty degrees fahrenheit. 2. The water with ice and access to a restroom must be located as close as practicable to the areas where employees are working and may not be farther than four hundred feet walking distance from an employee's work area. 3. Employers may begin the shift with smaller quantities of water with ice that are replenished during the shift as needed. 4. The employer shall provide water with ice that is suitably cool and potable and shall provide the water with ice to employees free of charge. 5. The employer shall encourage the frequent drinking of water as described in subsection H, paragraph 3, subdivision (c). C. Standards adopted pursuant to this section shall require each employer to provide access to shade or a climate-controlled environment as follows: 1. When the temperature in the work area is more than eighty degrees Fahrenheit, the employer shall provide and maintain at all times while employees are present one or more areas with shade or a climate-controlled environment that are either open to the air or provided with ventilation or cooling. The amount of shade or climate-controlled environment provided shall be at least enough to accommodate the number of employees on paid rest periods so that they can sit in a normal posture fully in the shade or climate-controlled environment without having to be in physical contact with each other. The shade or climate-controlled environment shall be located as close as practicable to the areas where employees are working. Subject to the same specifications, the amount of shade or climate-controlled environment present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain on-site. 2. When the temperature in the work area is not more than eighty degrees Fahrenheit during daylight hours, employers shall provide either shade or a climate-controlled environment in accordance with paragraph 1 of this subsection or provide access to shade or a climate-controlled environment on an employee's request. 3. An employer shall allow and encourage employees to take a paid cool-down rest period in the shade or climate-controlled environment for preventative measures. An employer shall comply with all of the following when an employee takes a preventative, paid cool-down rest period pursuant to this paragraph: (a) The employer shall ask if the employee is experiencing symptoms of heat illness. (b) The employer shall encourage the employee to remain in the shade or climate-controlled environment. (c) The employer may not order the employee back to work until any signs or symptoms of heat illness have abated, but not less than five minutes in addition to the time needed to access the shade or climate-controlled environment. 4. When the temperature is more than eighty degrees Fahrenheit in a vehicle that is idle or not producing air conditioning. 5. When the employee is working in an attic, the employee must have access to cool air and sufficient breaks. D. Standards adopted pursuant to this section shall require each employer to implement high-heat procedures that do all of the following when the temperature equals or exceeds eighty degrees Fahrenheit: 1. Ensure that employees are able to contact their supervisor by any method of effective communication when necessary. 2. Require an employer to effectively observe and monitor employees for signs or symptoms of heat illness by implementing two or more of the following policies: (a) A requirement that there be at least one supervisor or supervisor's designee responsible for observing and monitoring each group of twenty or fewer employees. (b) A mandatory buddy system. (c) Communication with an employee, such as by radio or cellphone, multiple times per shift. (d) Other effective means of observation. 3. Designate one or more employees on each worksite who are authorized to call for emergency medical services, and if no designated employees are available, allow other employees to call on their behalf. 4. Require reminding employees throughout the work shift to stay properly hydrated. 5. For employees employed in agriculture, require preshift meetings before the beginning of each work shift to review the high-heat procedures, encourage employees to drink plenty of water and remind employees of their right to take a paid cool-down rest period when necessary. E. Standards adopted pursuant to this section shall require each employer to provide paid rest periods that range in duration from fifteen to forty-five minutes per hour, depending on the workplace temperature and worker activity level. F. Standards adopted pursuant to this section shall require each employer to implement effective emergency response procedures pursuant to which the employer shall both: 1. Ensure that effective communication by voice, observation or electronic means is maintained so that employees at the worksite can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cellphone or text messaging device, may be used for this purpose only if reception in the area is reliable. 2. Respond to signs and symptoms of possible heat illness if a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee. The supervisor shall take immediate action commensurate with the severity of the illness, including first aid measures and contacting emergency medical services. If the employee exhibits signs or symptoms severe enough to indicate heat illness, the employee may not be sent home without being offered on-site first aid or provided with emergency medical services. G. Standards adopted pursuant to this section shall require that all employees who begin employment in high-heat environments, or who will be working in hotter conditions than usual, such as during a heat wave, be gradually acclimatized to the work over a period of between seven and fourteen days. H. Standards adopted pursuant to this section shall require each employer to provide effective training to employees and supervisors that meets all of the following requirements: 1. Is in a language that the employee or supervisor understands. 2. Is provided to each supervisor before supervising employees performing work that may reasonably result in exposure to the risk of heat illness and to each nonsupervisory employee before the employee begins work that may reasonably result in exposure to the risk of heat illness. 3. Covers all of the following topics: (a) The environmental risk factors for heat illness and personal risk factors for heat illness, including medical conditions, water consumption, alcohol use, the use of medications that affect the body's response to the heat and the burden caused by personal protective equipment. (b) The employer's procedures for complying with the standards adopted pursuant to this section, including the employer's responsibility to provide water with ice, shade or a climate-controlled environment, paid cool-down rest periods and access to first aid, as well as the employee's right to exercise rights under these standards without retaliation. (c) The importance of frequent consumption of water with ice, up to four cups per hour, when the work environment is above eighty degrees Fahrenheit and employees are likely sweating more than usual. (d) The importance of acclimatization. (e) The different types of heat illness, the common signs and symptoms of heat illness and appropriate first aid and emergency responses to the different types of heat illness. (f) The importance of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves or in coworkers. (g) The employer's procedures for responding to signs or symptoms of possible heat illness, including how emergency medical services will be contacted and provided should they become necessary. 4. For supervisors, in addition to the requirements of paragraph 3 of this subsection, covers the procedures the supervisor is required to follow: (a) To implement the applicable standards adopted pursuant to this section. (b) When an employee exhibits signs or reports symptoms consistent with possible heat illness, including emergency response procedures. I. In adopting standards pursuant to this section, the industrial commission of Arizona shall consider criteria relating to recommended standards for occupational exposure to heat and hot environments established by a national institute for occupational safety and health. J. The rules adopted by the industrial commission of Arizona pursuant to this section shall include the following: 1. Building requirements for interior work environments that include air circulation and insulation standards. 2. Educational and training requirements for employees related to heat illness identification, prevention and preparation. 3. Personal protective equipment for employees in temperatures of more than eighty degrees fahrenheit that includes cooling towels and hats for sun protection. 4. Enforcement provisions. K. An employer may not discharge or discriminate in any other manner against employees for exercising their rights under this section. L. An employee may bring a private right of action for a violation of this section in a court of competent jurisdiction to do either or both of the following: 1. Enjoin the violation. 2. Recover actual monetary losses from the violation or receive $500 in damages for each violation, whichever is greater. M. When an employee is in an indoor worksite or an outdoor worksite and the employee experiences conditions at or exceeding a heat stress threshold of eighty degrees fahrenheit or more, the employer shall develop a written program to mitigate heat-related illnesses and injuries that may be experienced by an employee, which shall comply with all of the following: 1. Provide information on external factors that increase the likelihood of a heat-related illness, including increased metabolic workloads, radiant and conductive heat sources, increased humidity, decreased air movement and wearing of personal protective equipment. 2. include work processes that decrease the likelihood of a heat-related illness. 3. Include education and training information as prescribed in subsection II of this section. 4. Include information on how to read a thermometer. An employer shall display a working thermometer for every indoor worksite, outdoor worksite and vehicle worksite. 5. Include Information on how to use and where to locate personal protective equipment. An employer shall identify and implement engineering controls and administrative controls before relying on personal protective EQUIPMENT. 6. Include any Emergency response plan, procedure and relevant worksite contacts in case of an emergency. 7. Be updated at least annually, when working conditions change or when a heat-related illness occurs. N. An employer shall provide access to free drinking water with ice that is located as close as practicable to an employee's worksite. If drinking water is not plumbed or otherwise continuously supplied, the drinking water shall be provided in sufficient quantity at the beginning of a shift, which is a minimum of one quart of drinking water per hour, per employee. An employer shall encourage frequent drinking of water. O. An employer shall require and encourage paid preventative cool-down rests of not less than ten minutes, in addition to the time that is needed to access a cool-down area. A cool-down area may be in the shade for an outdoor worksite or in an indoor breakroom for an indoor worksite. An employer shall comply with all of the following: 1. Ask an employee about signs or symptoms of a heat-related illness and encourage the employee to remain in a cool-down area until any signs of symptoms of a heat-related illness have been abated. 2. Not order the employee back to work if the employee displays signs or symptoms of a heat-related illness. 3. As applicable, provide a preventative cool-down rest period concurrently with any other meal or rest period that is required by policy, rule or law. If the preventative cool-down rest period coincides with an existing unpaid meal break, the preventative cool-down rest period is a work assignment and shall be compensated. P. An employer shall closely monitor temperatures by using a globe thermometer and shall implement a workplace heat stress plan when temperatures are more than eighty degrees Fahrenheit. The globe thermometer may not be shielded from direct exposure to radiant heat while the globe thermometer is being measured. If an employee shows signs or reports symptoms of a heat-related illness, the employer shall immediately provide appropriate first aid or emergency response. Q. An employer shall allow an employee to work in the shade, as applicable, and shall provide an employee with access to shade: 1. As close to the worksite as possible while employees are present: (a) If the temperature is more than eighty degrees Fahrenheit. (b) On request of an employee when the temperature is not more than eighty degrees Fahrenheit. 2. To accommodate the number of employees on recovery or rest periods with at least four square feet per resting employee. 3. That is not more than the temperature of the worksite. R. An employer shall provide necessary personal protective EQUIPMENT at no cost to an employee. If engineering controls and administrative controls are not sufficient to reduce and maintain the temperature and heat index to below eighty-seven degrees fahrenheit, an employee shall use personal protective equipment unless the employer demonstrates that the use of personal protective equipment is not feasible. S. An employee who spends more than sixty minutes in vehicles each day or whose worksite is considered a vehicle shall have adequate air conditioning that is available inside the vehicle and that is MAINTAINED according to the manufacturer's instructions to keep temperatures less than eighty degrees Fahrenheit. T. An employer shall provide time for new and returning employees to acclimatize to a heat temperature, as follows: 1. An employee may not be exposed to more than twenty percent of the usual duration of work in a hot ENVIRONMENT on day one and not more than a twenty percent increase each day for seven to fourteen consecutive days If an employee is newly assigned to a heat worksite. 2. If an employee has been absent from a heat worksite for more than seven days, the employee may only work twenty percent of the employee's normal duration on the first day and gradually increase work duration over a two-week period. U. An employer shall implement high heat procedures when the temperature is ninety degrees fahrenheit or more or when a heat wave is experienced. During a heat wave: 1. An employer shall ensure that the employee takes a minimum ten-minute net preventative cool-down rest period every two hours. If the preventative cool-down rest period coincides with an existing unpaid meal break, the preventative cool-down rest period is a work assignment and shall be compensated. 2. WHEN the temperature equals or exceeds one hundred degrees Fahrenheit, an employer shall ensure that an employee takes a minimum ten-minute net preventative cool-down rest period every hour. If the preventative cool-down rest period coincides with an existing unpaid meal break, the preventative cool-down rest period is a work assignment and shall be compensated. 3. An employer shall ensure that an employee is closely monitored during the heat wave by either personally observing the employee or through a designee. V. An employer shall develop a written program for WHEN an employee is in an indoor worksite or an outdoor worksite and the employee experiences conditions of sixty degrees fahrenheit or less. The written program must be updated at least annually, mitigate cold-related illnesses and injuries experienced by an employee and include all of the following: 1. How to identify and incorporate work processes and external factors that would decrease the likelihood of a cold-related illness. 2. Information on cold-related illness prevention and how to recognize and report cold-related illnesses. 3. The location of warm liquids and warm areas for use during break periods. 4. Information to Ensure access to wind personal protective equipment based on the wind speed. 5. Education and training on how to prevent a cold-related illness or injury. 6. Information on any emergency response plan, procedure and relevant worksite contact information in case of an emergency. 7. Information on how to access prompt medical attention for an employee who shows signs of a cold-related illness or injury. 8. Schedules that are designed to reduce the time an employee will spend in a cold ENVIRONMENT and to reduce the physical demands during cold exposure. 9. Information on medical monitoring to ensure an employee's health and protection. W. An employer shall provide and display a thermometer for employee use at all worksites to monitor the temperature indoors, outdoors and in vehicles. X. An employer shall identify and implement engineering controls and administrative controls before relying on personal protective equipment. Y. An employer shall provide access to free drinking water that is located as close as practicable to an employee's worksite. If drinking water is not plumbed or otherwise continuously supplied, the drinking water shall be provided in sufficient quantity at the beginning of a shift, which is a minimum of one quart of drinking water per hour, per employee. An employer shall encourage frequent drinking of water. Z. An employer shall require and encourage preventative breaks at the duration of not less than ten minutes, in addition to the time needed to access the warm-up area for an outdoor worksite or a warm breakroom for an indoor worksite. An employer shall comply with all of the following: 1. Ask an employee about signs or symptoms of a cold-related illness and encourage the employee to remain in a warm-up area until any signs of symptoms of a cold-related illness has been abated. 2. Not order the employee back to work if the employee displays signs or symptoms of a cold-related illness. 3. As applicable, provide a preventative warm-up rest concurrently with any other meal or rest period required by policy, rule or law. If the warm-up rest period coincides with an existing unpaid meal break, the warm-up rest period is a work assignment and shall be compensated. AA. An employer shall closely monitor temperatures and implement a workplace cold stress plan when temperatures are below sixty degrees Fahrenheit. If an employee shows signs or reports symptoms of a cold-related illness, the employer shall immediately provide appropriate first aid or emergency response. BB. An employer shall provide a warm location for breaks that shall be made available when the temperature is below sixty degrees Fahrenheit. When the outdoor temperature in the worksite is below sixty degrees Fahrenheit, the employer shall have and maintain one or more areas with adequate warmth at all times while employees are present. The size of the warm location shall be at least enough to accommodate the number of employees on recovery or rest periods, with at least four square feet available per each resting employee. The rest location shall be located as close as practicable to the areas where employees are working. CC. When the outdoor temperature in the worksite is below sixty degrees Fahrenheit, an employer shall provide warmth pursuant to subsection N of this section or provide timely access on an employee's request. An employee shall be allowed and encouraged to take a preventative warm-up rest break when the employee feels the need to do so to protect against cold stress. DD. An employer shall provide necessary personal protective EQUIPMENT at no cost to an employee that includes clothing to ensure the ears, face, hands and feet are protected during a cold wave. An employer shall take into account any risk factors related to increased heat due to wearing personal protective equipment even in cold temperatures. EE. An employee who spends more than sixty minutes in vehicles each day or whose worksite is considered a vehicle shall have adequate heating that is available inside the vehicle and that is maintained according to the manufacturer's instructions to keep temperatures above sixty degrees fahrenheit. FF. An employer shall ensure that if an employee's skin, clothing or personal protective equipment gets wet, the employee is immediately removed form the worksite and taken to a warm-up area to have the wet clothing or personal protective equipment removed and may not return to work until the wet items have been replaced. GG. An employer shall communicate with an employee in the following manner: 1. By voice, observation or electronic means. A cell phone or text messaging device may be used only if reception in the area is reliable. 2. By Observing an employee for alertness and signs or symptoms of a cold-related illness. An employer shall effectively observe and monitor an employee by implementing one or more of the following: (a) A mandatory buddy system. (b) Direct observation by a supervisor or designee of twenty or fewer employees. (c) Regular communication with an employee by radio, cell phone or other equally effective means. HH. An employer shall implement effective emergency response procedures when an employee experiences any stage of a heat-related illness or a cold-related illness that includes all of the following: 1. clear and precise directions to worksite locations for transient, field and solo employees. 2. Current on-site emergency contact information for employees and supervisors with directions on how to EFFECTIVELY communicate with off-site supervisors and emergency medical personnel. 3. Clear directions for supervisor to take immediate action, if a supervisor observes or an employee reports any signs or symptoms of a heat-related illness or cold-related illness. 4. Current contact information for emergency medical services. 5. Clear direction on how to transport an employee to a place where the employee can be reached by emergency medical PERSONNEL. 6. Clear direction on how to administer FIRST AID at the worksite and how to safely remove an employee from a worksite due to a heat-related illness or a cold-related illness. If the employee experiences a heat-related illness or a cold-related illness while at the worksite, the employee is on duty and shall be fully compensated. II. An employer shall provide a free, effective training program to an employee that shall be administered by the employer at the time of hire for new employees and every year for current employees and supervisors. The training materials shall include appropriate content and vocabulary to communicate effectively with the educational level, literacy and LANGUAGE of an employee. The training must provide an opportunity for interactive questions and answers with a person who is knowledgeable in the subject matter as it relates to the workplace that the training addresses and who is also knowledgeable in the employer's procedures. A refresher training shall be provided as needed. To increase the effectiveness of the trainings, an employer may repeat the training or hold short meetings before each workday, as necessary. Retraining sessions are required when a cold wave or heat wave occurs or if there is an anticipated cold wave or heat wave. An employer shall make copies of the training materials and make the materials available to employees, government officials and representatives of the an employee within one business day on request at no cost. An employer shall provide a free, effective training program to an employee during working hours that includes at a minimum: 1. Information on the risk factors, signs and symptoms of cold stress, heat stress, heat-related illnesses and cold-related illnesses that includes necessary medical responses. 2. Information on indoor temperature stress thresholds and outdoor temperature stress thresholds, including that In indoor temperature-regulated ENVIRONMENTS that include offices and schools, the indoor temperature must fall between sixty-eight and one-half to seventy degrees fahrenheit when the outdoor temperature is less than fifty-five degrees fahrenheit. If the outdoor temperature is greater than eighty-five degrees fahrenheit, the indoor temperature must fall between seventy-five and eighty and one-half degrees fahrenheit. 3. Information on how to monitor the temperature and humidity conditions and how workers can participate in the monitoring process that includes procedures and appropriate contact information for when temperature conditions change. 4. Appropriate engineering control measures and administrative control measures for temperatures and humidity, including the importance of rest breaks. 5. The purpose, importance and methods of acclimatization pursuant to the employer's procedures. 6. Instruction on the types of personal protective equipment, including hats, gloves, winter coats, cooling rags, ice vest, sunscreen and other similar products. 7. Information on the additional physiological burden that is caused by using personal protective EQUIPMENT and how an employer will factor this additional burden into a worker heat load that includes methods for proper donning and doffing personal protective equipment. 8. Information for medical monitoring provisions and employee access to records. 9. Information on Emergency response procedures, including communication procedures and appropriate contacts for employees and supervisors during each step of a response. 10. Procedures for employees and supervisors to report acute and delayed onset symptoms of a heat-related illness or a cold-related illness and that any reporting is free from retaliation. JJ. An employer shall: 1. Collect and maintain data and records as required on all temperature-related illnesses and fatalities that occur at an outdoor worksite or an indoor worksite. 2. Make reports available for free to any employee, GOVERNMENT office or representative of an employee within one business day on request. 3. Be subject to fines for not adhering to the mandatory recordkeeping and written program protocols. KK. An employer shall develop a clear system and appropriate points of contact for workers to report hazardous working conditions and heat-related illnesses or cold-related illnesses. An employer shall be considered in violation of this section if an employee is retaliated or discriminated against for raising concerns and reporting incidents of illness or injury. LL. This section applies to an employee regardless of the employee's immigration status. MM. For the purposes of this section: 1. "Acclimatization", "acclimatizing" or "acclimatize" means the temporary physiological adaptation of the body to work in hot environments that occurs gradually. 2. "Administrative control": (a) Means a method to limit exposure to a hazard by adjusting work procedures, practices or schedules. (b) Includes any of the following: (i) Acclimatizing employees. (ii) Rotating employees. (iii) Scheduling work earlier or later in the day. (iv) ORGANIZING work locations and tasks at certain times of the day to avoid direct sunlight. (v) Using work and rest schedules. (vi) Reducing work intensity or speed. (vii) Reducing work hours. (viii) Changing required work clothing. 3. "Buddy system" means a procedure in which two individuals, the buddies, operate together as a single unit so that they are able to monitor and help each other. 4. "Cold-related illness": (a) Means a serious medical condition resulting from the body's inability to cope with cold temperatures. (b) Includes any of the following: (i) Trench foot. (ii) Frostbite. (iii) Hypothermia. (iv) Chilblains. 5. "Cold wave" means any day in which there is a rapid fall in temperature within a twenty-four-hour period that requires substantially increased protection to agriculture, industry, commerce and social activities. 6. "Cool-down area": (a) Means an indoor or outdoor area that is blocked from direct sunlight and shielded from other high radiant heat sources and that is either open to the air or provided with ventilation or cooling. For the purposes of this subdivision, block from direct sunlight occurs when objects do not cast a shadow in the area of blocked sunlight. (b) Does not include a location where: (i) ENVIRONMENTAL risk factors defeat the purpose of allowing the body to cool. (ii) Employees are exposed to unsafe or unhealthy conditions. (iii) Employees are deterred or discouraged from accessing or using the cool-down area. 7. "Drinking water": (a) Means fresh, pure, cool, potable water that is provided free of charge to employees. (b) Includes electrolyte replenishing beverages that do not contain caffeine. 8. "Employee": (a) Means An individual who provided labor or services within the scope of this section for payment from a private entity or business that is located in this state. (b) Includes: (i) private sector workers. (ii) Public sector workers. (iii) part-time workers. (iv) independent contractors. (v) Day laborers. (vi) Farmworkers. (vii) Any other temporary and seasonal worker. (viii) Staffing agency employees. (ix) Contractors or subcontractors that are employed on behalf of an employer at any worksite. (x) Individuals who deliver goods or transport employees at, to or from a worksite on behalf of an employer, regardless of whether delivery or transport is conducted by an individual or entity that would otherwise be deemed an employer under this section. 9. "Employer" means any of the following: (a) An individual. (b) A partnership. (c) An association. (d) A corporation. (e) A limited liability company. (f) A business trust. (g) A legal representative. (h) A public entity. (i) Any organized group that acts as an employer within the scope of this section. 10. "Engineering controls": (a) Means the use of substitution, isolation, ventilation and equipment modification to reduce exposure to a heat-related illness that is related to workplace hazards and job tasks. (b) Includes any of the following: (i) Isolation from hot processes. (ii) Isolation of employees from sources of heat. (iii) Air-conditioning. (iv) Cooling fans. (v) Cooling mist fans. (vi) Evaporative coolers or swamp coolers. (vii) Natural ventilation where the outdoor temperature and heat index is lower than the indoor temperature and heat index. (viii) Local exhaust ventilation. (ix) Shield from radiant heat source. (x) insulation from hot surfaces. 11. "ENVIRONMENTAL risk factors" means working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees. 12. "Heat-related illness" or "heat illness": (a) Means a serious medical condition that results from the body's inability to cope with a particular heat load. (b) Includes any of the following: (i) Heat cramps. (ii) Heat exhaustion. (iii) Heat syncope. (iv) Heat stroke. 13. "Heat wave" means any day in which the predicted high temperature for the day will be at least eighty degrees fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days. 14. "Indoor temperature stress threshold" means a temperature of more than eighty degrees fahrenheit or less than sixty degrees fahrenheit. 15. "Indoor worksite": (a) Means any enclosed work vehicles and any space between a floor and a ceiling that is bound on all sides. (b) Does not include an outdoor worksite. 16. "Landscaping": (a) Means providing landscape care and maintenance services, installing tress, shrubs, plants, lawns or gardens or providing these services in conjunction with the design of landscape plans. (b) INcludes constructing, installing or maintaining walkways, retaining walls, decks, fences, ponds and similar structures. 17. "Oil and gas Extraction" means operating or developing oil and gas field properties, exploring for crude petroleum or natural gas, mining or extracting of oil or gas or recovering liquid hydrocarbons from oil or gas field gases. 18. "Outdoor Temperature Stress Threshold" means a temperature of more than eighty degrees fahrenheit or less than sixty degrees fahrenheit. 19. "Outdoor worksite": (a) Means an employer that employes employees to perform work in an outdoor ENVIRONMENT. (b) Includes any of the following locations: (i) Sheds. (ii) Tents. (iii) Greenhouses. (iv) Other structures where work activities are conducted inside and the temperature is not managed by devices that reduce heat or cold exposure or aid in heating or cooling, such as an air conditioning system, heaters, fans or humidifiers. (c) Does not include incidental exposure when an employee is required to perform a work activity outdoors for not more than fifteen minutes within a sixty-minute period. 20. "personal protective equipment" means the protective gear, uniforms and clothing to withstand temperatures at or exceeding the stress thresholds. 21. "Potable water" has the same meaning prescribed in 29 code of federal regulations section 1910.141(a)(2). 22. "Rest period" means a cool-down period made available to an employee to prevent heat illness. 23. "Preventative cool-down rest" means a rest taken in a cool-down area to prevent overheating. 24. "Shade" means the complete blockage of direct sunlight that allows the body to cool. Shade may be provided by any artificial means that does not expose employees to unsafe or unhealthy conditions and does not deter or discourage access or use. 25. "Temperature" means the temperature that is measured by a globe thermometer, which is a type of apparent temperature used to estimate the effect of any of the following: (a) The temperature. (b) the humidity. (c) The wind speed. (d) The wind chill. (e) Any visible and infrared radiation. END_STATUTE Sec. 2. Section 23-405, Arizona Revised Statutes, is amended to read: START_STATUTE23-405. Duties and powers of the industrial commission of Arizona relative to occupational safety and health; reporting The commission shall: 1. Administer the provisions of this article through the division of occupational safety and health. 2. Appoint the director of the division of occupational safety and health. 3. Cooperate with the federal government to establish and maintain an occupational safety and health program as effective as the federal occupational safety and health program. 4. Promulgate Adopt standards and regulations as required, pursuant to section 23-410, and promulgate adopt such other rules and regulations as are necessary for the efficient functioning of the division. 5. Have the authority to issue reasonable temporary, experimental and permanent variances pursuant to sections 23-411 and 23-412. 6. Exercise such other powers as are necessary to carry out the duties and requirements of this article. 7. Manage a telephone number that allows employees to report potential violations anonymously in English and other languages if an employer is not in compliance with the law. END_STATUTE Sec. 3. Industrial commission of Arizona; rules; report; delayed repeal A. Within thirty days after the governor's regulatory review council's approval of the industrial commission of Arizona's proposed rules, the industrial commission of Arizona shall provide a copy of the rules to the president of the senate, the speaker of the house of representatives, the majority caucus of the senate, the minority caucus of the senate, the majority caucus of the house of representatives, the minority caucus of the house of representatives and the governor and submit a copy to the secretary of state. B. This section is repealed from and after December 31, 2027.
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80	80	Be it enacted by the Legislature of the State of Arizona:
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82	82	Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-207, to read:
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84	84	START_STATUTE23-207. Heat illness prevention; private right of action; rules; definitions
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86	86	A. The industrial commission of Arizona shall adopt rules establishing standards for every industry that may be affected by heat illness as provided in this section that are designed to protect employees from heat illness while engaged in indoor and outdoor work. These standards apply to all indoor and outdoor places of employment and to all employers that fall within the jurisdiction of the division of occupational safety and health. The commission shall create specific standards for the following industries:
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88	88	1. Agriculture.
89	89
90	90	2. Construction.
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92	92	3. Landscaping.
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94	94	4. Oil and gas extraction.
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96	96	5. Airport workers.
97	97
98	98	6. Mail and package delivery workers.
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100	100	7. Transportation or delivery of agricultural products, construction materials or other heavy materials, including furniture, lumber, freight, cargo, cabinets and industrial or commercial materials, except for employment that consists of operating an air-conditioned vehicle and that does not include loading or unloading.
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102	102	B. Standards adopted pursuant to this section must require each employer to provide potable water and access to facilities as follows:
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104	104	1. An employer shall provide employees, at no cost to the employees, access to drinking water with ice in quantities sufficient to maintain adequate levels of hydration at varying levels of heat, using a baseline of one cup of cool water per fifteen to twenty minutes, as well as electrolytes if employees have been working for over an hour in conditions at or above eighty degrees fahrenheit.
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106	106	2. The water with ice and access to a restroom must be located as close as practicable to the areas where employees are working and may not be farther than four hundred feet walking distance from an employee's work area.
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108	108	3. Employers may begin the shift with smaller quantities of water with ice that are replenished during the shift as needed.
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110	110	4. The employer shall provide water with ice that is suitably cool and potable and shall provide the water with ice to employees free of charge.
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112	112	5. The employer shall encourage the frequent drinking of water as described in subsection H, paragraph 3, subdivision (c).
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114	114	C. Standards adopted pursuant to this section shall require each employer to provide access to shade or a climate-controlled environment as follows:
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116	116	1. When the temperature in the work area is more than eighty degrees Fahrenheit, the employer shall provide and maintain at all times while employees are present one or more areas with shade or a climate-controlled environment that are either open to the air or provided with ventilation or cooling. The amount of shade or climate-controlled environment provided shall be at least enough to accommodate the number of employees on paid rest periods so that they can sit in a normal posture fully in the shade or climate-controlled environment without having to be in physical contact with each other. The shade or climate-controlled environment shall be located as close as practicable to the areas where employees are working. Subject to the same specifications, the amount of shade or climate-controlled environment present during meal periods shall be at least enough to accommodate the number of employees on the meal period who remain on-site.
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118	118	2. When the temperature in the work area is not more than eighty degrees Fahrenheit during daylight hours, employers shall provide either shade or a climate-controlled environment in accordance with paragraph 1 of this subsection or provide access to shade or a climate-controlled environment on an employee's request.
119	119
120	120	3. An employer shall allow and encourage employees to take a paid cool-down rest period in the shade or climate-controlled environment for preventative measures. An employer shall comply with all of the following when an employee takes a preventative, paid cool-down rest period pursuant to this paragraph:
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122	122	(a) The employer shall ask if the employee is experiencing symptoms of heat illness.
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124	124	(b) The employer shall encourage the employee to remain in the shade or climate-controlled environment.
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126	126	(c) The employer may not order the employee back to work until any signs or symptoms of heat illness have abated, but not less than five minutes in addition to the time needed to access the shade or climate-controlled environment.
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128	128	4. When the temperature is more than eighty degrees Fahrenheit in a vehicle that is idle or not producing air conditioning.
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130	130	5. When the employee is working in an attic, the employee must have access to cool air and sufficient breaks.
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132	132	D. Standards adopted pursuant to this section shall require each employer to implement high-heat procedures that do all of the following when the temperature equals or exceeds eighty degrees Fahrenheit:
133	133
134	134	1. Ensure that employees are able to contact their supervisor by any method of effective communication when necessary.
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136	136	2. Require an employer to effectively observe and monitor employees for signs or symptoms of heat illness by implementing two or more of the following policies:
137	137
138	138	(a) A requirement that there be at least one supervisor or supervisor's designee responsible for observing and monitoring each group of twenty or fewer employees.
139	139
140	140	(b) A mandatory buddy system.
141	141
142	142	(c) Communication with an employee, such as by radio or cellphone, multiple times per shift.
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144	144	(d) Other effective means of observation.
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146	146	3. Designate one or more employees on each worksite who are authorized to call for emergency medical services, and if no designated employees are available, allow other employees to call on their behalf.
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148	148	4. Require reminding employees throughout the work shift to stay properly hydrated.
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150	150	5. For employees employed in agriculture, require preshift meetings before the beginning of each work shift to review the high-heat procedures, encourage employees to drink plenty of water and remind employees of their right to take a paid cool-down rest period when necessary.
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152	152	E. Standards adopted pursuant to this section shall require each employer to provide paid rest periods that range in duration from fifteen to forty-five minutes per hour, depending on the workplace temperature and worker activity level.
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154	154	F. Standards adopted pursuant to this section shall require each employer to implement effective emergency response procedures pursuant to which the employer shall both:
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156	156	1. Ensure that effective communication by voice, observation or electronic means is maintained so that employees at the worksite can contact a supervisor or emergency medical services when necessary. An electronic device, such as a cellphone or text messaging device, may be used for this purpose only if reception in the area is reliable.
157	157
158	158	2. Respond to signs and symptoms of possible heat illness if a supervisor observes, or any employee reports, any signs or symptoms of heat illness in any employee. The supervisor shall take immediate action commensurate with the severity of the illness, including first aid measures and contacting emergency medical services. If the employee exhibits signs or symptoms severe enough to indicate heat illness, the employee may not be sent home without being offered on-site first aid or provided with emergency medical services.
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160	160	G. Standards adopted pursuant to this section shall require that all employees who begin employment in high-heat environments, or who will be working in hotter conditions than usual, such as during a heat wave, be gradually acclimatized to the work over a period of between seven and fourteen days.
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162	162	H. Standards adopted pursuant to this section shall require each employer to provide effective training to employees and supervisors that meets all of the following requirements:
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164	164	1. Is in a language that the employee or supervisor understands.
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166	166	2. Is provided to each supervisor before supervising employees performing work that may reasonably result in exposure to the risk of heat illness and to each nonsupervisory employee before the employee begins work that may reasonably result in exposure to the risk of heat illness.
167	167
168	168	3. Covers all of the following topics:
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170	170	(a) The environmental risk factors for heat illness and personal risk factors for heat illness, including medical conditions, water consumption, alcohol use, the use of medications that affect the body's response to the heat and the burden caused by personal protective equipment.
171	171
172	172	(b) The employer's procedures for complying with the standards adopted pursuant to this section, including the employer's responsibility to provide water with ice, shade or a climate-controlled environment, paid cool-down rest periods and access to first aid, as well as the employee's right to exercise rights under these standards without retaliation.
173	173
174	174	(c) The importance of frequent consumption of water with ice, up to four cups per hour, when the work environment is above eighty degrees Fahrenheit and employees are likely sweating more than usual.
175	175
176	176	(d) The importance of acclimatization.
177	177
178	178	(e) The different types of heat illness, the common signs and symptoms of heat illness and appropriate first aid and emergency responses to the different types of heat illness.
179	179
180	180	(f) The importance of immediately reporting to the employer, directly or through the employee's supervisor, symptoms or signs of heat illness in themselves or in coworkers.
181	181
182	182	(g) The employer's procedures for responding to signs or symptoms of possible heat illness, including how emergency medical services will be contacted and provided should they become necessary.
183	183
184	184	4. For supervisors, in addition to the requirements of paragraph 3 of this subsection, covers the procedures the supervisor is required to follow:
185	185
186	186	(a) To implement the applicable standards adopted pursuant to this section.
187	187
188	188	(b) When an employee exhibits signs or reports symptoms consistent with possible heat illness, including emergency response procedures.
189	189
190	190	I. In adopting standards pursuant to this section, the industrial commission of Arizona shall consider criteria relating to recommended standards for occupational exposure to heat and hot environments established by a national institute for occupational safety and health.
191	191
192	192	J. The rules adopted by the industrial commission of Arizona pursuant to this section shall include the following:
193	193
194	194	1. Building requirements for interior work environments that include air circulation and insulation standards.
195	195
196	196	2. Educational and training requirements for employees related to heat illness identification, prevention and preparation.
197	197
198	198	3. Personal protective equipment for employees in temperatures of more than eighty degrees fahrenheit that includes cooling towels and hats for sun protection.
199	199
200	200	4. Enforcement provisions.
201	201
202	202	K. An employer may not discharge or discriminate in any other manner against employees for exercising their rights under this section.
203	203
204	204	L. An employee may bring a private right of action for a violation of this section in a court of competent jurisdiction to do either or both of the following:
205	205
206	206	1. Enjoin the violation.
207	207
208	208	2. Recover actual monetary losses from the violation or receive $500 in damages for each violation, whichever is greater.
209	209
210	210	M. When an employee is in an indoor worksite or an outdoor worksite and the employee experiences conditions at or exceeding a heat stress threshold of eighty degrees fahrenheit or more, the employer shall develop a written program to mitigate heat-related illnesses and injuries that may be experienced by an employee, which shall comply with all of the following:
211	211
212	212	1. Provide information on external factors that increase the likelihood of a heat-related illness, including increased metabolic workloads, radiant and conductive heat sources, increased humidity, decreased air movement and wearing of personal protective equipment.
213	213
214	214	2. include work processes that decrease the likelihood of a heat-related illness.
215	215
216	216	3. Include education and training information as prescribed in subsection II of this section.
217	217
218	218	4. Include information on how to read a thermometer. An employer shall display a working thermometer for every indoor worksite, outdoor worksite and vehicle worksite.
219	219
220	220	5. Include Information on how to use and where to locate personal protective equipment. An employer shall identify and implement engineering controls and administrative controls before relying on personal protective EQUIPMENT.
221	221
222	222	6. Include any Emergency response plan, procedure and relevant worksite contacts in case of an emergency.
223	223
224	224	7. Be updated at least annually, when working conditions change or when a heat-related illness occurs.
225	225
226	226	N. An employer shall provide access to free drinking water with ice that is located as close as practicable to an employee's worksite. If drinking water is not plumbed or otherwise continuously supplied, the drinking water shall be provided in sufficient quantity at the beginning of a shift, which is a minimum of one quart of drinking water per hour, per employee. An employer shall encourage frequent drinking of water.
227	227
228	228	O. An employer shall require and encourage paid preventative cool-down rests of not less than ten minutes, in addition to the time that is needed to access a cool-down area. A cool-down area may be in the shade for an outdoor worksite or in an indoor breakroom for an indoor worksite. An employer shall comply with all of the following:
229	229
230	230	1. Ask an employee about signs or symptoms of a heat-related illness and encourage the employee to remain in a cool-down area until any signs of symptoms of a heat-related illness have been abated.
231	231
232	232	2. Not order the employee back to work if the employee displays signs or symptoms of a heat-related illness.
233	233
234	234	3. As applicable, provide a preventative cool-down rest period concurrently with any other meal or rest period that is required by policy, rule or law. If the preventative cool-down rest period coincides with an existing unpaid meal break, the preventative cool-down rest period is a work assignment and shall be compensated.
235	235
236	236	P. An employer shall closely monitor temperatures by using a globe thermometer and shall implement a workplace heat stress plan when temperatures are more than eighty degrees Fahrenheit. The globe thermometer may not be shielded from direct exposure to radiant heat while the globe thermometer is being measured. If an employee shows signs or reports symptoms of a heat-related illness, the employer shall immediately provide appropriate first aid or emergency response.
237	237
238	238	Q. An employer shall allow an employee to work in the shade, as applicable, and shall provide an employee with access to shade:
239	239
240	240	1. As close to the worksite as possible while employees are present:
241	241
242	242	(a) If the temperature is more than eighty degrees Fahrenheit.
243	243
244	244	(b) On request of an employee when the temperature is not more than eighty degrees Fahrenheit.
245	245
246	246	2. To accommodate the number of employees on recovery or rest periods with at least four square feet per resting employee.
247	247
248	248	3. That is not more than the temperature of the worksite.
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250	250	R. An employer shall provide necessary personal protective EQUIPMENT at no cost to an employee. If engineering controls and administrative controls are not sufficient to reduce and maintain the temperature and heat index to below eighty-seven degrees fahrenheit, an employee shall use personal protective equipment unless the employer demonstrates that the use of personal protective equipment is not feasible.
251	251
252	252	S. An employee who spends more than sixty minutes in vehicles each day or whose worksite is considered a vehicle shall have adequate air conditioning that is available inside the vehicle and that is MAINTAINED according to the manufacturer's instructions to keep temperatures less than eighty degrees Fahrenheit.
253	253
254	254	T. An employer shall provide time for new and returning employees to acclimatize to a heat temperature, as follows:
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256	256	1. An employee may not be exposed to more than twenty percent of the usual duration of work in a hot ENVIRONMENT on day one and not more than a twenty percent increase each day for seven to fourteen consecutive days If an employee is newly assigned to a heat worksite.
257	257
258	258	2. If an employee has been absent from a heat worksite for more than seven days, the employee may only work twenty percent of the employee's normal duration on the first day and gradually increase work duration over a two-week period.
259	259
260	260	U. An employer shall implement high heat procedures when the temperature is ninety degrees fahrenheit or more or when a heat wave is experienced. During a heat wave:
261	261
262	262	1. An employer shall ensure that the employee takes a minimum ten-minute net preventative cool-down rest period every two hours. If the preventative cool-down rest period coincides with an existing unpaid meal break, the preventative cool-down rest period is a work assignment and shall be compensated.
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264	264	2. WHEN the temperature equals or exceeds one hundred degrees Fahrenheit, an employer shall ensure that an employee takes a minimum ten-minute net preventative cool-down rest period every hour. If the preventative cool-down rest period coincides with an existing unpaid meal break, the preventative cool-down rest period is a work assignment and shall be compensated.
265	265
266	266	3. An employer shall ensure that an employee is closely monitored during the heat wave by either personally observing the employee or through a designee.
267	267
268	268	V. An employer shall develop a written program for WHEN an employee is in an indoor worksite or an outdoor worksite and the employee experiences conditions of sixty degrees fahrenheit or less. The written program must be updated at least annually, mitigate cold-related illnesses and injuries experienced by an employee and include all of the following:
269	269
270	270	1. How to identify and incorporate work processes and external factors that would decrease the likelihood of a cold-related illness.
271	271
272	272	2. Information on cold-related illness prevention and how to recognize and report cold-related illnesses.
273	273
274	274	3. The location of warm liquids and warm areas for use during break periods.
275	275
276	276	4. Information to Ensure access to wind personal protective equipment based on the wind speed.
277	277
278	278	5. Education and training on how to prevent a cold-related illness or injury.
279	279
280	280	6. Information on any emergency response plan, procedure and relevant worksite contact information in case of an emergency.
281	281
282	282	7. Information on how to access prompt medical attention for an employee who shows signs of a cold-related illness or injury.
283	283
284	284	8. Schedules that are designed to reduce the time an employee will spend in a cold ENVIRONMENT and to reduce the physical demands during cold exposure.
285	285
286	286	9. Information on medical monitoring to ensure an employee's health and protection.
287	287
288	288	W. An employer shall provide and display a thermometer for employee use at all worksites to monitor the temperature indoors, outdoors and in vehicles.
289	289
290	290	X. An employer shall identify and implement engineering controls and administrative controls before relying on personal protective equipment.
291	291
292	292	Y. An employer shall provide access to free drinking water that is located as close as practicable to an employee's worksite. If drinking water is not plumbed or otherwise continuously supplied, the drinking water shall be provided in sufficient quantity at the beginning of a shift, which is a minimum of one quart of drinking water per hour, per employee. An employer shall encourage frequent drinking of water.
293	293
294	294	Z. An employer shall require and encourage preventative breaks at the duration of not less than ten minutes, in addition to the time needed to access the warm-up area for an outdoor worksite or a warm breakroom for an indoor worksite. An employer shall comply with all of the following:
295	295
296	296	1. Ask an employee about signs or symptoms of a cold-related illness and encourage the employee to remain in a warm-up area until any signs of symptoms of a cold-related illness has been abated.
297	297
298	298	2. Not order the employee back to work if the employee displays signs or symptoms of a cold-related illness.
299	299
300	300	3. As applicable, provide a preventative warm-up rest concurrently with any other meal or rest period required by policy, rule or law. If the warm-up rest period coincides with an existing unpaid meal break, the warm-up rest period is a work assignment and shall be compensated.
301	301
302	302	AA. An employer shall closely monitor temperatures and implement a workplace cold stress plan when temperatures are below sixty degrees Fahrenheit. If an employee shows signs or reports symptoms of a cold-related illness, the employer shall immediately provide appropriate first aid or emergency response.
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304	304	BB. An employer shall provide a warm location for breaks that shall be made available when the temperature is below sixty degrees Fahrenheit. When the outdoor temperature in the worksite is below sixty degrees Fahrenheit, the employer shall have and maintain one or more areas with adequate warmth at all times while employees are present. The size of the warm location shall be at least enough to accommodate the number of employees on recovery or rest periods, with at least four square feet available per each resting employee. The rest location shall be located as close as practicable to the areas where employees are working.
305	305
306	306	CC. When the outdoor temperature in the worksite is below sixty degrees Fahrenheit, an employer shall provide warmth pursuant to subsection N of this section or provide timely access on an employee's request. An employee shall be allowed and encouraged to take a preventative warm-up rest break when the employee feels the need to do so to protect against cold stress.
307	307
308	308	DD. An employer shall provide necessary personal protective EQUIPMENT at no cost to an employee that includes clothing to ensure the ears, face, hands and feet are protected during a cold wave. An employer shall take into account any risk factors related to increased heat due to wearing personal protective equipment even in cold temperatures.
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310	310	EE. An employee who spends more than sixty minutes in vehicles each day or whose worksite is considered a vehicle shall have adequate heating that is available inside the vehicle and that is maintained according to the manufacturer's instructions to keep temperatures above sixty degrees fahrenheit.
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312	312	FF. An employer shall ensure that if an employee's skin, clothing or personal protective equipment gets wet, the employee is immediately removed form the worksite and taken to a warm-up area to have the wet clothing or personal protective equipment removed and may not return to work until the wet items have been replaced.
313	313
314	314	GG. An employer shall communicate with an employee in the following manner:
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316	316	1. By voice, observation or electronic means. A cell phone or text messaging device may be used only if reception in the area is reliable.
317	317
318	318	2. By Observing an employee for alertness and signs or symptoms of a cold-related illness. An employer shall effectively observe and monitor an employee by implementing one or more of the following:
319	319
320	320	(a) A mandatory buddy system.
321	321
322	322	(b) Direct observation by a supervisor or designee of twenty or fewer employees.
323	323
324	324	(c) Regular communication with an employee by radio, cell phone or other equally effective means.
325	325
326	326	HH. An employer shall implement effective emergency response procedures when an employee experiences any stage of a heat-related illness or a cold-related illness that includes all of the following:
327	327
328	328	1. clear and precise directions to worksite locations for transient, field and solo employees.
329	329
330	330	2. Current on-site emergency contact information for employees and supervisors with directions on how to EFFECTIVELY communicate with off-site supervisors and emergency medical personnel.
331	331
332	332	3. Clear directions for supervisor to take immediate action, if a supervisor observes or an employee reports any signs or symptoms of a heat-related illness or cold-related illness.
333	333
334	334	4. Current contact information for emergency medical services.
335	335
336	336	5. Clear direction on how to transport an employee to a place where the employee can be reached by emergency medical PERSONNEL.
337	337
338	338	6. Clear direction on how to administer FIRST AID at the worksite and how to safely remove an employee from a worksite due to a heat-related illness or a cold-related illness. If the employee experiences a heat-related illness or a cold-related illness while at the worksite, the employee is on duty and shall be fully compensated.
339	339
340	340	II. An employer shall provide a free, effective training program to an employee that shall be administered by the employer at the time of hire for new employees and every year for current employees and supervisors. The training materials shall include appropriate content and vocabulary to communicate effectively with the educational level, literacy and LANGUAGE of an employee. The training must provide an opportunity for interactive questions and answers with a person who is knowledgeable in the subject matter as it relates to the workplace that the training addresses and who is also knowledgeable in the employer's procedures. A refresher training shall be provided as needed. To increase the effectiveness of the trainings, an employer may repeat the training or hold short meetings before each workday, as necessary. Retraining sessions are required when a cold wave or heat wave occurs or if there is an anticipated cold wave or heat wave. An employer shall make copies of the training materials and make the materials available to employees, government officials and representatives of the an employee within one business day on request at no cost. An employer shall provide a free, effective training program to an employee during working hours that includes at a minimum:
341	341
342	342	1. Information on the risk factors, signs and symptoms of cold stress, heat stress, heat-related illnesses and cold-related illnesses that includes necessary medical responses.
343	343
344	344	2. Information on indoor temperature stress thresholds and outdoor temperature stress thresholds, including that In indoor temperature-regulated ENVIRONMENTS that include offices and schools, the indoor temperature must fall between sixty-eight and one-half to seventy degrees fahrenheit when the outdoor temperature is less than fifty-five degrees fahrenheit. If the outdoor temperature is greater than eighty-five degrees fahrenheit, the indoor temperature must fall between seventy-five and eighty and one-half degrees fahrenheit.
345	345
346	346	3. Information on how to monitor the temperature and humidity conditions and how workers can participate in the monitoring process that includes procedures and appropriate contact information for when temperature conditions change.
347	347
348	348	4. Appropriate engineering control measures and administrative control measures for temperatures and humidity, including the importance of rest breaks.
349	349
350	350	5. The purpose, importance and methods of acclimatization pursuant to the employer's procedures.
351	351
352	352	6. Instruction on the types of personal protective equipment, including hats, gloves, winter coats, cooling rags, ice vest, sunscreen and other similar products.
353	353
354	354	7. Information on the additional physiological burden that is caused by using personal protective EQUIPMENT and how an employer will factor this additional burden into a worker heat load that includes methods for proper donning and doffing personal protective equipment.
355	355
356	356	8. Information for medical monitoring provisions and employee access to records.
357	357
358	358	9. Information on Emergency response procedures, including communication procedures and appropriate contacts for employees and supervisors during each step of a response.
359	359
360	360	10. Procedures for employees and supervisors to report acute and delayed onset symptoms of a heat-related illness or a cold-related illness and that any reporting is free from retaliation.
361	361
362	362	JJ. An employer shall:
363	363
364	364	1. Collect and maintain data and records as required on all temperature-related illnesses and fatalities that occur at an outdoor worksite or an indoor worksite.
365	365
366	366	2. Make reports available for free to any employee, GOVERNMENT office or representative of an employee within one business day on request.
367	367
368	368	3. Be subject to fines for not adhering to the mandatory recordkeeping and written program protocols.
369	369
370	370	KK. An employer shall develop a clear system and appropriate points of contact for workers to report hazardous working conditions and heat-related illnesses or cold-related illnesses. An employer shall be considered in violation of this section if an employee is retaliated or discriminated against for raising concerns and reporting incidents of illness or injury.
371	371
372	372	LL. This section applies to an employee regardless of the employee's immigration status.
373	373
374	374	MM. For the purposes of this section:
375	375
376	376	1. "Acclimatization", "acclimatizing" or "acclimatize" means the temporary physiological adaptation of the body to work in hot environments that occurs gradually.
377	377
378	378	2. "Administrative control":
379	379
380	380	(a) Means a method to limit exposure to a hazard by adjusting work procedures, practices or schedules.
381	381
382	382	(b) Includes any of the following:
383	383
384	384	(i) Acclimatizing employees.
385	385
386	386	(ii) Rotating employees.
387	387
388	388	(iii) Scheduling work earlier or later in the day.
389	389
390	390	(iv) ORGANIZING work locations and tasks at certain times of the day to avoid direct sunlight.
391	391
392	392	(v) Using work and rest schedules.
393	393
394	394	(vi) Reducing work intensity or speed.
395	395
396	396	(vii) Reducing work hours.
397	397
398	398	(viii) Changing required work clothing.
399	399
400	400	3. "Buddy system" means a procedure in which two individuals, the buddies, operate together as a single unit so that they are able to monitor and help each other.
401	401
402	402	4. "Cold-related illness":
403	403
404	404	(a) Means a serious medical condition resulting from the body's inability to cope with cold temperatures.
405	405
406	406	(b) Includes any of the following:
407	407
408	408	(i) Trench foot.
409	409
410	410	(ii) Frostbite.
411	411
412	412	(iii) Hypothermia.
413	413
414	414	(iv) Chilblains.
415	415
416	416	5. "Cold wave" means any day in which there is a rapid fall in temperature within a twenty-four-hour period that requires substantially increased protection to agriculture, industry, commerce and social activities.
417	417
418	418	6. "Cool-down area":
419	419
420	420	(a) Means an indoor or outdoor area that is blocked from direct sunlight and shielded from other high radiant heat sources and that is either open to the air or provided with ventilation or cooling. For the purposes of this subdivision, block from direct sunlight occurs when objects do not cast a shadow in the area of blocked sunlight.
421	421
422	422	(b) Does not include a location where:
423	423
424	424	(i) ENVIRONMENTAL risk factors defeat the purpose of allowing the body to cool.
425	425
426	426	(ii) Employees are exposed to unsafe or unhealthy conditions.
427	427
428	428	(iii) Employees are deterred or discouraged from accessing or using the cool-down area.
429	429
430	430	7. "Drinking water":
431	431
432	432	(a) Means fresh, pure, cool, potable water that is provided free of charge to employees.
433	433
434	434	(b) Includes electrolyte replenishing beverages that do not contain caffeine.
435	435
436	436	8. "Employee":
437	437
438	438	(a) Means An individual who provided labor or services within the scope of this section for payment from a private entity or business that is located in this state.
439	439
440	440	(b) Includes:
441	441
442	442	(i) private sector workers.
443	443
444	444	(ii) Public sector workers.
445	445
446	446	(iii) part-time workers.
447	447
448	448	(iv) independent contractors.
449	449
450	450	(v) Day laborers.
451	451
452	452	(vi) Farmworkers.
453	453
454	454	(vii) Any other temporary and seasonal worker.
455	455
456	456	(viii) Staffing agency employees.
457	457
458	458	(ix) Contractors or subcontractors that are employed on behalf of an employer at any worksite.
459	459
460	460	(x) Individuals who deliver goods or transport employees at, to or from a worksite on behalf of an employer, regardless of whether delivery or transport is conducted by an individual or entity that would otherwise be deemed an employer under this section.
461	461
462	462	9. "Employer" means any of the following:
463	463
464	464	(a) An individual.
465	465
466	466	(b) A partnership.
467	467
468	468	(c) An association.
469	469
470	470	(d) A corporation.
471	471
472	472	(e) A limited liability company.
473	473
474	474	(f) A business trust.
475	475
476	476	(g) A legal representative.
477	477
478	478	(h) A public entity.
479	479
480	480	(i) Any organized group that acts as an employer within the scope of this section.
481	481
482	482	10. "Engineering controls":
483	483
484	484	(a) Means the use of substitution, isolation, ventilation and equipment modification to reduce exposure to a heat-related illness that is related to workplace hazards and job tasks.
485	485
486	486	(b) Includes any of the following:
487	487
488	488	(i) Isolation from hot processes.
489	489
490	490	(ii) Isolation of employees from sources of heat.
491	491
492	492	(iii) Air-conditioning.
493	493
494	494	(iv) Cooling fans.
495	495
496	496	(v) Cooling mist fans.
497	497
498	498	(vi) Evaporative coolers or swamp coolers.
499	499
500	500	(vii) Natural ventilation where the outdoor temperature and heat index is lower than the indoor temperature and heat index.
501	501
502	502	(viii) Local exhaust ventilation.
503	503
504	504	(ix) Shield from radiant heat source.
505	505
506	506	(x) insulation from hot surfaces.
507	507
508	508	11. "ENVIRONMENTAL risk factors" means working conditions that create the possibility that heat illness could occur, including air temperature, relative humidity, radiant heat from the sun and other sources, conductive heat sources such as the ground, air movement, workload severity and duration, protective clothing and personal protective equipment worn by employees.
509	509
510	510	12. "Heat-related illness" or "heat illness":
511	511
512	512	(a) Means a serious medical condition that results from the body's inability to cope with a particular heat load.
513	513
514	514	(b) Includes any of the following:
515	515
516	516	(i) Heat cramps.
517	517
518	518	(ii) Heat exhaustion.
519	519
520	520	(iii) Heat syncope.
521	521
522	522	(iv) Heat stroke.
523	523
524	524	13. "Heat wave" means any day in which the predicted high temperature for the day will be at least eighty degrees fahrenheit and at least ten degrees Fahrenheit higher than the average high daily temperature in the preceding five days.
525	525
526	526	14. "Indoor temperature stress threshold" means a temperature of more than eighty degrees fahrenheit or less than sixty degrees fahrenheit.
527	527
528	528	15. "Indoor worksite":
529	529
530	530	(a) Means any enclosed work vehicles and any space between a floor and a ceiling that is bound on all sides.
531	531
532	532	(b) Does not include an outdoor worksite.
533	533
534	534	16. "Landscaping":
535	535
536	536	(a) Means providing landscape care and maintenance services, installing tress, shrubs, plants, lawns or gardens or providing these services in conjunction with the design of landscape plans.
537	537
538	538	(b) INcludes constructing, installing or maintaining walkways, retaining walls, decks, fences, ponds and similar structures.
539	539
540	540	17. "Oil and gas Extraction" means operating or developing oil and gas field properties, exploring for crude petroleum or natural gas, mining or extracting of oil or gas or recovering liquid hydrocarbons from oil or gas field gases.
541	541
542	542	18. "Outdoor Temperature Stress Threshold" means a temperature of more than eighty degrees fahrenheit or less than sixty degrees fahrenheit.
543	543
544	544	19. "Outdoor worksite":
545	545
546	546	(a) Means an employer that employes employees to perform work in an outdoor ENVIRONMENT.
547	547
548	548	(b) Includes any of the following locations:
549	549
550	550	(i) Sheds.
551	551
552	552	(ii) Tents.
553	553
554	554	(iii) Greenhouses.
555	555
556	556	(iv) Other structures where work activities are conducted inside and the temperature is not managed by devices that reduce heat or cold exposure or aid in heating or cooling, such as an air conditioning system, heaters, fans or humidifiers.
557	557
558	558	(c) Does not include incidental exposure when an employee is required to perform a work activity outdoors for not more than fifteen minutes within a sixty-minute period.
559	559
560	560	20. "personal protective equipment" means the protective gear, uniforms and clothing to withstand temperatures at or exceeding the stress thresholds.
561	561
562	562	21. "Potable water" has the same meaning prescribed in 29 code of federal regulations section 1910.141(a)(2).
563	563
564	564	22. "Rest period" means a cool-down period made available to an employee to prevent heat illness.
565	565
566	566	23. "Preventative cool-down rest" means a rest taken in a cool-down area to prevent overheating.
567	567
568	568	24. "Shade" means the complete blockage of direct sunlight that allows the body to cool. Shade may be provided by any artificial means that does not expose employees to unsafe or unhealthy conditions and does not deter or discourage access or use.
569	569
570	570	25. "Temperature" means the temperature that is measured by a globe thermometer, which is a type of apparent temperature used to estimate the effect of any of the following:
571	571
572	572	(a) The temperature.
573	573
574	574	(b) the humidity.
575	575
576	576	(c) The wind speed.
577	577
578	578	(d) The wind chill.
579	579
580	580	(e) Any visible and infrared radiation. END_STATUTE
581	581
582	582	Sec. 2. Section 23-405, Arizona Revised Statutes, is amended to read:
583	583
584	584	START_STATUTE23-405. Duties and powers of the industrial commission of Arizona relative to occupational safety and health; reporting
585	585
586	586	The commission shall:
587	587
588	588	1. Administer the provisions of this article through the division of occupational safety and health.
589	589
590	590	2. Appoint the director of the division of occupational safety and health.
591	591
592	592	3. Cooperate with the federal government to establish and maintain an occupational safety and health program as effective as the federal occupational safety and health program.
593	593
594	594	4. Promulgate Adopt standards and regulations as required, pursuant to section 23-410, and promulgate adopt such other rules and regulations as are necessary for the efficient functioning of the division.
595	595
596	596	5. Have the authority to issue reasonable temporary, experimental and permanent variances pursuant to sections 23-411 and 23-412.
597	597
598	598	6. Exercise such other powers as are necessary to carry out the duties and requirements of this article.
599	599
600	600	7. Manage a telephone number that allows employees to report potential violations anonymously in English and other languages if an employer is not in compliance with the law. END_STATUTE
601	601
602	602	Sec. 3. Industrial commission of Arizona; rules; report; delayed repeal
603	603
604	604	A. Within thirty days after the governor's regulatory review council's approval of the industrial commission of Arizona's proposed rules, the industrial commission of Arizona shall provide a copy of the rules to the president of the senate, the speaker of the house of representatives, the majority caucus of the senate, the minority caucus of the senate, the majority caucus of the house of representatives, the minority caucus of the house of representatives and the governor and submit a copy to the secretary of state.
605	605
606	606	B. This section is repealed from and after December 31, 2027.