Colorado 2025 Regular Session

Colorado House Bill HB1286 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 First Regular Session
22 Seventy-fifth General Assembly
33 STATE OF COLORADO
44 INTRODUCED
55
66
77 LLS NO. 25-0346.02 Kristen Forrestal x4217
88 HOUSE BILL 25-1286
99 House Committees Senate Committees
1010 Business Affairs & Labor
1111 A BILL FOR AN ACT
1212 C
1313 ONCERNING PROTECTING WORKERS FROM EXPOSURE TO EXTREME101
1414 TEMPERATURES.102
1515 Bill Summary
1616 (Note: This summary applies to this bill as introduced and does
1717 not reflect any amendments that may be subsequently adopted. If this bill
1818 passes third reading in the house of introduction, a bill summary that
1919 applies to the reengrossed version of this bill will be available at
2020 http://leg.colorado.gov
2121 .)
2222 The bill requires employers to implement protections for workers
2323 who are exposed to extreme hot and cold temperatures at the worksite,
2424 including temperature mitigation measures, rest breaks, and
2525 temperature-related injury and illness prevention plans.
2626 HOUSE SPONSORSHIP
2727 Velasco and Froelich, Bacon, Brown, Camacho, Clifford, Duran, Garcia, Gilchrist,
2828 Hamrick, Joseph, Lieder, Lindsay, Mabrey, Mauro, Rutinel, Story, Titone, Valdez, Willford,
2929 Woodrow
3030 SENATE SPONSORSHIP
3131 Weissman and Cutter,
3232 Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
3333 Capital letters or bold & italic numbers indicate new material to be added to existing law.
3434 Dashes through the words or numbers indicate deletions from existing law. Be it enacted by the General Assembly of the State of Colorado:1
3535 SECTION 1. In Colorado Revised Statutes, amend 8-14.4-1012
3636 as follows:3
3737 8-14.4-101. Definitions. As used in this article 14.4, unless the4
3838 context otherwise requires:5
3939 (1) "A
4040 CCLIMATIZATION" MEANS THE BODY'S ADAPTATION TO6
4141 WORK IN THE HEAT OR COLD AS THE BODY IS EXPOSED TO HEAT OR COLD7
4242 GRADUALLY OVER TIME, WHICH REDUCES THE STRAIN CAUSED BY HEAT8
4343 STRESS OR COLD STRESS AND ENABLES AN INDIVIDUAL TO WORK WITH LESS9
4444 CHANCE OF HEAT ILLNESS OR COLD ILLNESS OR INJURY .10
4545 (1)
4646 (2) "Agricultural employment" has the meaning set forth in11
4747 section 8-13.5-201 (2).12
4848 (3) "C
4949 OLD ILLNESS" MEANS A SERIOUS MEDICAL CONDITION13
5050 RESULTING FROM THE BODY 'S INABILITY TO COPE WITH EXTREME COLD14
5151 STRESS THRESHOLDS.15
5252 (1.5)
5353 (4) "Department" means the department of labor and16
5454 employment.17
5555 (2) (5) "Division" means the division of labor standards and18
5656 statistics in the department.19
5757 (6) "E
5858 XTREME COLD TEMPERATURE TRIGGER " MEANS A20
5959 TEMPERATURE OF THIRTY DEGREES FAHRENHEIT.21
6060 (7) "H
6161 IGH HEAT TRIGGER" MEANS A TEMPERATURE OF NINETY22
6262 DEGREES FAHRENHEIT.23
6363 (8) "H
6464 UMIDITY" MEANS THE RATIO OF THE ACTUAL MOISTURE IN24
6565 THE AIR COMPARED TO THE MAXIMUM AMOUNT OF MOISTURE THE AIR CAN25
6666 HOLD AT A GIVEN TEMPERATURE , EXPRESSED AS A PERCENTAGE.26
6767 (9) "I
6868 NCREASED RISK FACTOR" MEANS THAT THE INITIAL HIGH27
6969 HB25-1286
7070 -2- HEAT TRIGGER HAS BEEN MET AND ONE OF THE FOLLOWING CONDITIONS1
7171 EXISTS:2
7272 (a) A
7373 DEPARTMENT OF PUBLIC HEALTH AND ENVIRONMENT AIR3
7474 QUALITY ADVISORY OR ACTION DAY IS IN EFFECT FOR THE STATE OR A4
7575 LOCALITY OR OTHER AREA THAT INCLUDES THE WORK AREA ; EXCEPT5
7676 THAT, FOR ACTION DAYS BASED SOLELY ON OZONE , THE INCREASED RISK6
7777 CONDITION DOES NOT APPLY IF A PRINCIPAL SHOWS THAT THE AIR QUALITY7
7878 INDEX FOR THE PRINCIPAL'S WORK AREA IS RATED MODERATE OR GOOD ,8
7979 WITH AN AIR QUALITY INDEX OF ONE HUNDRED OR LESS BASED ON :9
8080 (I) C
8181 URRENT OR FORECASTED AIR QUALITY INDEX OZONE DATA10
8282 FROM THE NATIONAL WEATHER SERVICE AIR QUALITY FORECAST11
8383 GUIDANCE; OR12
8484 (II) D
8585 ATA FROM THE NEAREST AVAILABLE DEPARTMENT OF PUBLIC13
8686 HEALTH AND ENVIRONMENT MONITORING SITE , AS LONG AS IT IS WITHIN14
8787 FIFTY MILES OF THE WORK AREA;15
8888 (b) A
8989 WORKER IS SCHEDULED OR REASONABLY EXPECTED TO WORK16
9090 MORE THAN TWELVE HOURS IN THE WORKDAY OR SHIFT ;17
9191 (c) T
9292 HE PRINCIPAL OR THE SAFETY PROTOCOLS FOR EQUIPMENT OR18
9393 WORK REQUIRE THE WORKER TO WEAR VAPOR -IMPERMEABLE CLOTHING19
9494 OR PERSONAL PROTECTIVE EQUIPMENT , INCLUDING PROTECTIVE JACKETS,20
9595 SUITS, OR COVERALLS, THEREBY REQUIRING AN ADDITIONAL LAYER OVER21
9696 REGULAR CLOTHES OR COVERING ALL OR ALMOST ALL OF THE HEAD AND22
9797 FACE; OR23
9898 (d) T
9999 HE HUMIDITY LEVEL IS ABOVE SIXTY-FIVE PERCENT.24
100100 (10) "I
101101 NDOOR" OR "INDOORS" MEANS AN AREA UNDER A CEILING25
102102 OR OVERHEAD COVERING THAT RESTRICTS AIRFLOW AND HAS ALONG ITS26
103103 ENTIRE PERIMETER WALLS , DOORS, WINDOWS, DIVIDERS, OR OTHER27
104104 HB25-1286
105105 -3- PHYSICAL BARRIERS THAT RESTRICT AIRFLOW, WHETHER OPEN OR CLOSED.1
106106 (11) "I
107107 NITIAL COLD TRIGGER" MEANS A WIND CHILL FACTOR THAT2
108108 REACHES THIRTY DEGREES FAHRENHEIT WITH TWENTY -MILE-PER-HOUR3
109109 WINDS.4
110110 (12) "I
111111 NITIAL HEAT TRIGGER" MEANS A HEAT INDEX OF EIGHTY5
112112 DEGREES FAHRENHEIT OR A WET BULB GLOBE TEMPERATURE THAT6
113113 REACHES THE NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND7
114114 HEALTH RECOMMENDED ALERT LIMIT .8
115115 (13) "O
116116 UTDOOR" OR "OUTDOORS" MEANS AN AREA THAT IS NOT9
117117 INDOORS.10
118118 (14) "P
119119 ERSONAL PROTECTIVE EQUIPMENT " OR "PPE" MEANS11
120120 EQUIPMENT WORN TO PROTECT THE USER AGAINST TEMPERATURE INJURY12
121121 OR ILLNESS.13
122122 (15) "P
123123 OTABLE WATER" MEANS DRINKABLE WATER SAFE FOR14
124124 HUMAN CONSUMPTION .15
125125 (3)
126126 (16) "Principal" means:16
127127 (a) An "employer" as set forth in the federal "Fair Labor Standards17
128128 Act of 1938", 29 U.S.C. sec. 203 (d);18
129129 (b) A foreign labor contractor and a migratory field labor19
130130 contractor or crew leader;20
131131 (c) The state of Colorado, local governments, and political21
132132 subdivisions of the state as defined in section 1-7.5-103 (6);22
133133 (d) An entity that contracts with five or more independent23
134134 contractors in the state each year; and24
135135 (e) A person or entity engaged in agricultural employment.25
136136 (4) (17) "Public health emergency" means:26
137137 (a) A public health order issued by a state or local public health27
138138 HB25-1286
139139 -4- agency; or1
140140 (b) A disaster emergency declared by the governor based on a2
141141 public health concern.3
142142 (18) "R
143143 ADIANT HEAT" MEANS HEAT TRANSFERRED BY4
144144 ELECTROMAGNETIC WAVES BETWEEN SURFACES , INCLUDING HEAT FROM5
145145 THE SUN, HOT OBJECTS, HOT LIQUIDS, HOT SURFACES, AND FIRE.6
146146 (19) "S
147147 HADE" MEANS THE BLOCKAGE OF DIRECT SUNLIGHT , SUCH7
148148 THAT OBJECTS DO NOT CAST A SHADOW IN THE AREA OF BLOCKED8
149149 SUNLIGHT.9
150150 (20) "S
151151 IGNS AND SYMPTOMS OF A COLD EMERGENCY " MEANS THE10
152152 PHYSIOLOGICAL MANIFESTATION OF A COLD ILLNESS THAT :11
153153 (a) R
154154 EQUIRES AN EMERGENCY RESPONSE ;12
155155 (b) I
156156 NCLUDES HYPOTHERMIA , WHEN THE INTERNAL BODY13
157157 TEMPERATURE DROPS BELOW NINETY -FIVE DEGREES; DROWSINESS; AND14
158158 LOSS OF CONSCIOUSNESS; AND15
159159 (c) M
160160 AY OR MAY NOT BE ACCOMPANIED BY FROSTBITE OR TRENCH16
161161 FOOT.17
162162 (21) "S
163163 IGNS AND SYMPTOMS OF A HEAT EMERGENCY " MEANS THE18
164164 PHYSIOLOGICAL MANIFESTATION OF A HEAT -RELATED ILLNESS THAT:19
165165 (a) R
166166 EQUIRES AN EMERGENCY RESPONSE ;20
167167 (b) M
168168 AY INCLUDE LOSS OF CONSCIOUSNESS AND EXCESSIVE BODY21
169169 TEMPERATURE; AND22
170170 (c) M
171171 AY OR MAY NOT BE ACCOMPANIED BY VERTIGO , NAUSEA,23
172172 HEADACHE, CEREBRAL DYSFUNCTION, OR BIZARRE BEHAVIOR, INCLUDING24
173173 STAGGERING, VOMITING, ACTING IRRATIONALLY OR DISORIENTED, HAVING25
174174 CONVULSIONS, AND HAVING AN ELEVATED HEART RATE .26
175175 (22) "S
176176 IGNS AND SYMPTOMS OF COLD ILLNESS " MEANS THE27
177177 HB25-1286
178178 -5- PHYSIOLOGICAL MANIFESTATIONS OF A COLD ILLNESS , INCLUDING1
179179 NUMBNESS, THE FEELING OF PINS AND NEEDLES, BLUE AND BLOTCHY SKIN,2
180180 ACHES, FATIGUE, CONFUSION, DISORIENTATION, EXCESSIVE SHIVERING,3
181181 AND LOSS OF COORDINATION.4
182182 (23) "S
183183 IGNS AND SYMPTOMS OF HEAT-RELATED ILLNESS" MEANS5
184184 THE PHYSIOLOGICAL MANIFESTATIONS OF A HEAT -RELATED ILLNESS,6
185185 INCLUDING HEADACHE, NAUSEA, WEAKNESS, DIZZINESS, ELEVATED BODY7
186186 TEMPERATURE, MUSCLE CRAMPS, AND MUSCLE PAIN OR SPASMS.8
187187 (24) "T
188188 ELEWORK" MEANS WORK DONE FROM HOME OR ANOTHER9
189189 REMOTE LOCATION OF A WORKER 'S CHOOSING.10
190190 (25) "TRIIPP"
191191 OR "TEMPERATURE-RELATED INJURY AND ILLNESS11
192192 PREVENTION PLAN" MEANS THE WORKSITE TEMPERATURE -RELATED INJURY12
193193 AND ILLNESS PLAN REQUIRED BY SECTION 8-14.4-101.5 (6).13
194194 (26) "V
195195 APOR-IMPERMEABLE CLOTHING " MEANS FULL-BODY14
196196 CLOTHING THAT SIGNIFICANTLY INHIBITS OR COMPLETELY PREVENTS15
197197 SWEAT PRODUCED BY THE BODY FROM EVAPORATING INTO THE OUTSIDE16
198198 AIR, INCLUDING ENCAPSULATING SUITS , VARIOUS FORMS OF CHEMICAL17
199199 RESISTANT SUITS, AND OTHER FORMS OF NONBREATHABLE PPE.18
200200 (27) "V
201201 EHICLE" MEANS A CAR, A TRUCK, A VAN, OR OTHER19
202202 MOTORIZED MEANS OF TRANSPORTING PEOPLE OR GOODS .20
203203 (28) "W
204204 IND CHILL FACTOR" MEANS THE MEASURE OF HOW COLD21
205205 THE AIR FEELS ON HUMAN SKIN DUE TO THE WIND AND TEMPERATURE22
206206 BASED ON HOW QUICKLY THE BODY LOSES HEAT TO THE AIR .23
207207 (29) "W
208208 ORK AREA" MEANS AN AREA WHERE ONE OR MORE24
209209 WORKERS ARE WORKING WITHIN A WORKSITE .25
210210 (5)
211211 (30) "Worker" means:26
212212 (a) An employee as defined in section 8-4-101 (5); or27
213213 HB25-1286
214214 -6- (b) A person AN INDIVIDUAL who works for an entity that1
215215 contracts with five or more independent contractors in the state each year. 2
216216 (31) "W
217217 ORKSITE" MEANS A PHYSICAL LOCATION WHERE THE3
218218 PRINCIPAL'S WORK OR OPERATIONS ARE PERFORMED .4
219219 SECTION 2. In Colorado Revised Statutes, add 8-14.4-101.5 as5
220220 follows:6
221221 8-14.4-101.5. Worker protection - extreme temperatures -7
222222 control required - exceptions - temperature-related injury and illness8
223223 prevention plan - rules. (1) Scope and application. E
224224 XCEPT AS9
225225 OTHERWISE PROVIDED IN THIS SUBSECTION (1), THIS SECTION APPLIES TO10
226226 ALL PRINCIPALS. THE REQUIREMENTS OF THIS SECTION DO NOT APPLY TO :11
227227 (a) W
228228 ORK ACTIVITIES FOR WHICH THERE IS NO REASONABLE12
229229 EXPECTATION OF EXPOSURE AT OR ABOVE THE INITIAL HEAT TRIGGER OR13
230230 AT OR BELOW THE INITIAL COLD TRIGGER;14
231231 (b) S
232232 HORT DURATION WORKER EXPOSURES AT OR ABOVE THE15
233233 INITIAL HEAT TRIGGER OR AT OR BELOW THE INITIAL COLD TRIGGER OF16
234234 FIFTEEN MINUTES OR LESS IN ANY SIXTY-MINUTE PERIOD;17
235235 (c) T
236236 ELEWORK;18
237237 (d) O
238238 RGANIZATIONS WHOSE PRIMARY FUNCTION IS THE19
239239 PERFORMANCE OF FIREFIGHTING , EMERGENCY RESPONSE ACTIVITIES OF20
240240 WORKPLACE EMERGENCY RESPONSE TEAMS , EMERGENCY MEDICAL21
241241 SERVICES, OR TECHNICAL SEARCH AND RESCUE OR ANY OTHER22
242242 EMERGENCY RESPONSE ACTIVITIES DEFINED BY THE DIVISION IN RULE ; OR23
243243 (e) W
244244 ORKERS COVERED BY A BONA FIDE COLLECTIVE BARGAINING24
245245 AGREEMENT, IF THE COLLECTIVE BARGAINING AGREEMENT PROVIDES FOR25
246246 EQUIVALENT OR MORE GENEROUS EXTREME TEMPERATURE PROTECTIONS26
247247 FOR WORKERS COVERED BY THE COLLECTIVE BARGAINING AGREEMENT .27
248248 HB25-1286
249249 -7- (2) Requirements related to identification of temperature1
250250 hazards. (a) (I) A
251251 PRINCIPAL SHALL MONITOR TEMPERATURE AND2
252252 HUMIDITY CONDITIONS AT OUTDOOR WORK AREAS :3
253253 (A) B
254254 Y TRACKING LOCAL FORECASTS PROVIDED BY THE NATIONAL4
255255 WEATHER SERVICE OR OTHER REPUTABLE SOURCES ; OR5
256256 (B) A
257257 T OR AS CLOSE AS POSSIBLE TO THE WORK AREA, TO MEASURE6
258258 THE TEMPERATURE AND HUMIDITY LEVEL .7
259259 (II) A
260260 PRINCIPAL SHALL MONITOR OUTDOOR TEMPERATURES WITH8
261261 SUFFICIENT FREQUENCY TO DETERMINE WITH REASONABLE ACCURACY9
262262 WORKERS' EXPOSURE TO HEAT AND COLD AND AT LEAST ONCE PER DAY .10
263263 (b) (I) A
264264 T INDOOR WORKSITES, A PRINCIPAL SHALL IDENTIFY EACH11
265265 WORK AREA WHERE THERE IS A REASONABLE EXPECTATION THAT12
266266 WORKERS ARE OR MAY BE EXPOSED TO HEAT AT OR ABOVE THE INITIAL13
267267 HEAT TRIGGER OR COLD AT OR BELOW THE EXTREME COLD TEMPERATURE14
268268 TRIGGER.15
269269 (II) A
270270 T EACH INDOOR WORKSITE IDENTIFIED AS A LOCATION WHERE16
271271 WORKERS ARE OR MAY BE EXPOSED TO HEAT AT OR ABOVE THE INITIAL17
272272 HEAT TRIGGER, A PRINCIPAL MUST PROVIDE:18
273273 (A) I
274274 NCREASED AIR MOVEMENT , SUCH AS FANS OR COMPARABLE19
275275 NATURAL VENTILATION, AND, IF APPROPRIATE, DEHUMIDIFICATION. IF20
276276 USING FANS AT AMBIENT TEMPERATURES ABOVE ONE HUNDRED TWO21
277277 DEGREES FAHRENHEIT, THE PRINCIPAL SHALL EVALUATE THE HUMIDITY TO22
278278 DETERMINE IF FAN USE IS HARMFUL, AND IF THE PRINCIPAL DETERMINES23
279279 THAT IT IS HARMFUL, THE PRINCIPAL MUST DISCONTINUE FAN USE.24
280280 (B) A
281281 N AIR-CONDITIONED WORK AREA ; OR25
282282 (C) I
283283 N CASES OF RADIANT HEAT SOURCES, OTHER MEASURES THAT26
284284 EFFECTIVELY REDUCE WORKER EXPOSURE TO RADIANT HEAT IN THE WORK27
285285 HB25-1286
286286 -8- AREA, INCLUDING SHIELDS, BARRIERS, OR ISOLATING HEAT SOURCES.1
287287 (c) A
288288 PRINCIPAL SHALL DEVELOP AND IMPLEMENT A MONITORING2
289289 PLAN COVERING EACH WORK AREA IDENTIFIED PURSUANT TO SUBSECTION3
290290 (2)(b)(I)
291291 OF THIS SECTION TO DETERMINE WHEN WORKERS ARE EXPOSED4
292292 TO HEAT AT OR ABOVE THE INITIAL AND HIGH HEAT TRIGGERS AND WHEN5
293293 WORKERS ARE EXPOSED TO COLD AT OR BELOW THE EXTREME COLD6
294294 TEMPERATURE TRIGGER.7
295295 (d) A
296296 PRINCIPAL SHALL INCLUDE THE MONITORING PLAN8
297297 DESCRIBED IN SUBSECTION (2)(c) OF THIS SECTION IN THE9
298298 TEMPERATURE-RELATED INJURY AND ILLNESS PREVENTION PLAN . THE10
299299 MONITORING PLAN MUST INCLUDE THE TEMPERATURE AND HUMIDITY AT11
300300 OR AS CLOSE AS POSSIBLE TO THE WORK AREA .12
301301 (e) W
302302 HEN THERE IS A CHANGE IN PRODUCTION , PROCESSES,13
303303 EQUIPMENT, OR CONTROLS OR A SUBSTANTIAL INCREASE OR DECREASE IN14
304304 OUTDOOR TEMPERATURE THAT HAS THE POTENTIAL TO INCREASE HEAT OR15
305305 COLD EXPOSURE INDOORS, A PRINCIPAL SHALL EVALUATE AN AFFECTED16
306306 WORK AREA TO IDENTIFY WHERE THERE IS REASONABLE EXPECTATION17
307307 THAT WORKERS ARE OR MAY BE EXPOSED TO HEAT AT OR ABOVE THE18
308308 INITIAL HEAT TRIGGER OR TO COLD AT OR BELOW THE EXTREME COLD19
309309 TEMPERATURE TRIGGER. THE PRINCIPAL MUST UPDATE THE MONITORING20
310310 PLAN IN THE PRINCIPAL'S TRIIPP TO ACCOUNT FOR ANY INCREASES IN21
311311 HEAT OR COLD EXPOSURE.22
312312 (f) A
313313 PRINCIPAL SHALL SEEK THE INPUT AND INVOLVEMENT OF23
314314 NONMANAGERIAL WORKERS AND THEIR REPRESENTATIVES , IF ANY, WHEN24
315315 EVALUATING THE WORKSITE TO IDENTIFY WORK AREAS WITH A25
316316 REASONABLE EXPECTATION OF EXPOSURES AT OR ABOVE THE INITIAL HEAT26
317317 TRIGGER OR AT OR BELOW THE EXTREME COLD TEMPERATURE TRIGGER27
318318 HB25-1286
319319 -9- AND IN DEVELOPING AND UPDATING MONITORING PLANS .1
320320 (g) (I) A
321321 PRINCIPAL MAY ASSUME THAT THE TEMPERATURE AT A2
322322 WORK AREA IS AT OR ABOVE BOTH THE INITIAL HEAT AND HIGH HEAT3
323323 TRIGGERS INSTEAD OF CONDUCTING ON -SITE MEASUREMENTS OR4
324324 TRACKING LOCAL FORECASTS . IN SUCH CASES, THE PRINCIPAL SHALL5
325325 COMPLY WITH ALL REQUIREMENTS IN THIS SECTION CONCERNING6
326326 REQUIREMENTS THAT APPLY TO WORK AREAS THAT ARE AT OR ABOVE THE7
327327 HIGH HEAT TRIGGER.8
328328 (II) A
329329 PRINCIPAL MAY ASSUME THAT THE TEMPERATURE IN THE9
330330 WORK AREA IS AT OR BELOW THE EXTREME COLD TEMPERATURE TRIGGER10
331331 INSTEAD OF CONDUCTING ON-SITE MEASUREMENTS OR TRACKING LOCAL11
332332 FORECASTS. IN SUCH CASES, THE PRINCIPAL SHALL COMPLY WITH ALL12
333333 REQUIREMENTS IN THIS SECTION CONCERNING REQUIREMENTS THAT APPLY13
334334 TO WORK AREAS THAT ARE AT OR BELOW THE EXTREME COLD14
335335 TEMPERATURE TRIGGER.15
336336 (h) I
337337 F A PRINCIPAL CONDUCTS ON -SITE TEMPERATURE16
338338 MEASUREMENTS, THE PRINCIPAL SHALL RECORD AND RETAIN WRITTEN OR17
339339 ELECTRONIC RECORDS OF THE MEASUREMENTS FOR AT LEAST SIX MONTHS .18
340340 (3) Requirements at or above the initial heat trigger.19
341341 (a) W
342342 HEN A WORKER IS EXPOSED TO HEAT AT OR ABOVE THE INITIAL HEAT20
343343 TRIGGER, A PRINCIPAL SHALL PROVIDE ACCESS TO A SHADED OR21
344344 AIR-CONDITIONED AREA FOR THE WORKER TO USE DURING REST , MEAL,22
345345 COOL-DOWN, AND OTHER BREAKS. THE AREA MUST BE LOCATED AS CLOSE23
346346 AS PRACTICABLE TO THE WORKSITE AND MUST :24
347347 (I) B
348348 E FREE OF ANY SOURCE THAT YIELDS ADDITIONAL HEAT , SUCH25
349349 AS EXHAUST, RUNNING MACHINERY, HEAT-RADIATING STRUCTURES, OR26
350350 HEAT IN A NON-AIR-CONDITIONED VEHICLE;27
351351 HB25-1286
352352 -10- (II) BE LOCATED AS CLOSE AS PRACTICABLE TO THE WORK AREA ,1
353353 LOCATED NO FURTHER THAN ONE -FOURTH OF ONE MILE FROM THE2
354354 WORKSITE FOR WORKERS ACCESSING THE AREA BY FOOT OR OTHERWISE3
355355 CLOSE ENOUGH TO ALLOW REASONABLE ACCESS DURING REST AND MEAL4
356356 PERIODS AND OTHER BREAKS;5
357357 (III) B
358358 E LARGE ENOUGH TO ACCOMMODATE THE NUMBER OF6
359359 WORKERS TAKING REST BREAKS AT ANY GIVEN TIME AND ALLOW THEM TO7
360360 SIT FULLY SHADED OR COOLED IN A NORMAL POSTURE , WITHOUT8
361361 TOUCHING ONE ANOTHER ;9
362362 (IV) B
363363 E FREE OF UNSAFE, UNHEALTHY, UNSANITARY, OR OTHER10
364364 CONDITIONS, SUCH AS NOXIOUS ODOR FROM ROT OR GARBAGE , THAT11
365365 DETER OR DISCOURAGE ACCESSING OR USING THE AREA ; AND12
366366 (V) I
367367 F INDOORS, PROVIDE EITHER AIR CONDITIONING OR13
368368 ADDITIONAL AIR MOVEMENT , SUCH AS FANS OR COMPARABLE NATURAL14
369369 VENTILATION, AND, IF APPROPRIATE, DEHUMIDIFICATION.15
370370 (b) A
371371 PRINCIPAL SHALL PROVIDE EACH WORKER WITH POTABLE16
372372 WATER AND THE OPPORTUNITY TO DRINK IT . THE PRINCIPAL SHALL:17
373373 (I) P
374374 ROVIDE AT LEAST THIRTY-TWO OUNCES OF WATER PER HOUR18
375375 PER WORKER, KEPT AT SIXTY DEGREES FAHRENHEIT OR COOLER;19
376376 (II) P
377377 ROVIDE WATER THAT IS FROM A SANITARY SOURCE , WHETHER20
378378 A FOUNTAIN, TAP, OR INDIVIDUAL CUP OR CONTAINER , WITH WORKERS21
379379 PERMITTED TIME TO DRINK WATER AND USE RESTROOMS DURING SHIFTS AS22
380380 NEEDED; AND23
381381 (III) L
382382 OCATE THE WATER AS CLOSE AS PRACTICABLE TO THE WORK24
383383 AREA, NO FURTHER THAN ONE-FOURTH OF ONE MILE FROM THE WORKSITE25
384384 FOR WORKERS ACCESSING THE WATER SOURCE BY FOOT , AND CLOSE26
385385 ENOUGH TO ALLOW REASONABLE ACCESS BY WORKERS .27
386386 HB25-1286
387387 -11- (c) (I) A PRINCIPAL SHALL:1
388388 (A) A
389389 LLOW A WORKER TO TAKE A PAID COOL -DOWN BREAK ANY2
390390 TIME THE WORKER FEELS A NEED TO PREVENT OVERHEATING ; AND3
391391 (B) E
392392 NCOURAGE WORKERS TO DRINK WATER AND USE THE4
393393 RESTROOM AS NEEDED.5
394394 (II) A
395395 PREVENTIVE BREAK AS DESCRIBED IN SUBSECTION (3)(c)(I)6
396396 OF THIS SECTION MUST NOT AFFECT JOB QUOTAS . A PRINCIPAL SHALL7
397397 ADJUST JOB QUOTAS TO ACCOMMODATE PREVENTIVE BREAKS .8
398398 (d) F
399399 OR EACH WORKER DURING THE WORKER 'S FIRST WEEK ON THE9
400400 JOB OR THE FIRST WEEK BACK FROM MORE THAN FOURTEEN DAYS AWAY10
401401 FROM THE JOB, A PRINCIPAL SHALL IMPLEMENT:11
402402 (I) (A) A
403403 PLAN THAT, AT MINIMUM, INCORPORATES ALL12
404404 REQUIREMENTS AT OR ABOVE THE HIGH HEAT TRIGGER WHEN THE HEAT13
405405 INDEX IS AT OR ABOVE THE INITIAL HEAT TRIGGER DURING THE WORKER 'S14
406406 FIRST WEEK OF WORK; OR15
407407 (B) G
408408 RADUAL ACCLIMATIZATION TO HEAT IN WHICH THE WORKER 'S16
409409 EXPOSURE TO HEAT IS RESTRICTED TO NO MORE THAN TWENTY PERCENT17
410410 OF A NORMAL WORK SHIFT EXPOSURE DURATION ON THE FIRST DAY OF18
411411 WORK, FORTY PERCENT ON THE SECOND DAY OF WORK , SIXTY PERCENT ON19
412412 THE THIRD DAY OF WORK, AND EIGHTY PERCENT ON THE FOURTH DAY OF20
413413 WORK; AND21
414414 (II) A
415415 T LEAST ONE OF THE FOLLOWING METHODS OF OBSERVING22
416416 THE NEW OR RETURNING WORKER FOR SIGNS AND SYMPTOMS OF23
417417 HEAT-RELATED ILLNESS:24
418418 (A) A
419419 MANDATORY BUDDY SYSTEM IN WHICH COWORKERS25
420420 OBSERVE EACH OTHER;26
421421 (B) O
422422 BSERVATION BY A SUPERVISOR OR TEMPERATURE SAFETY27
423423 HB25-1286
424424 -12- COORDINATOR, WITH NO MORE THAN TEN WORKERS OBSERVED PER1
425425 SUPERVISOR OR TEMPERATURE SAFETY COORDINATOR ; OR2
426426 (C) F
427427 OR A WORKER WHO IS ALONE AT THE WORKSITE , THE3
428428 PRINCIPAL SHALL MAINTAIN A MEANS OF EFFECTIVE , TWO-WAY4
429429 COMMUNICATION WITH THE WORKER AND MAKE CONTACT WITH THE5
430430 WORKER AT LEAST EVERY TWO HOURS .6
431431 (e) A
432432 PRINCIPAL SHALL MAINTAIN A MEANS OF EFFECTIVE ,7
433433 TWO-WAY COMMUNICATION WITH WORKERS AND ENSURE REGULAR8
434434 COMMUNICATION WITH WORKERS .9
435435 (f) I
436436 F A PRINCIPAL PROVIDES WORKERS WITH COOLING PPE, THE10
437437 PRINCIPAL MUST ENSURE THE COOLING PROPERTIES OF THE PPE ARE11
438438 MAINTAINED AT ALL TIMES DURING USE .12
439439 (4) Requirements at or above the high heat trigger or in13
440440 increased risk conditions. I
441441 N ADDITION TO THE CONTROLS REQUIRED AT14
442442 OR ABOVE THE INITIAL HEAT TRIGGER, A PRINCIPAL SHALL IMPLEMENT THE15
443443 FOLLOWING CONTROLS WHEN WORKERS ARE EXPOSED TO HEAT AT OR16
444444 ABOVE THE HIGH HEAT TRIGGER:17
445445 (a) (I) A
446446 PRINCIPAL SHALL PROVIDE WORKERS WITH A MINIMUM18
447447 FIFTEEN-MINUTE PAID REST BREAK AT LEAST EVERY TWO HOURS ;19
448448 (II) A
449449 PRINCIPAL MAY COUNT A MEAL BREAK AS A REST BREAK ,20
450450 EVEN IF IT IS NOT OTHERWISE REQUIRED BY LAW TO BE PAID ;21
451451 (III) A
452452 PRINCIPAL SHALL NOT COUNT A PERIOD DURING WHICH A22
453453 WORKER IS PUTTING ON AND REMOVING PERSONAL PROTECTIVE23
454454 EQUIPMENT TOWARD THE TOTAL TIME PROVIDED FOR REST BREAKS ; AND24
455455 (IV) A
456456 PRINCIPAL SHALL NOT INCLUDE THE TIME FOR WORKERS TO25
457457 WALK TO AND FROM THE BREAK AREA IN THE TIME PROVIDED FOR REST26
458458 BREAKS;27
459459 HB25-1286
460460 -13- (b) A PRINCIPAL SHALL IMPLEMENT AT LEAST ONE OF THE1
461461 FOLLOWING METHODS OF OBSERVING WORKERS FOR SIGNS AND SYMPTOMS2
462462 OF HEAT-RELATED ILLNESS:3
463463 (I) A
464464 MANDATORY BUDDY SYSTEM IN WHICH COWORKERS OBSERVE4
465465 EACH OTHER;5
466466 (II) O
467467 BSERVATION BY A SUPERVISOR OR TEMPERATURE SAFETY6
468468 COORDINATOR, WITH NO MORE THAN TWENTY WORKERS OBSERVED PER7
469469 SUPERVISOR OR TEMPERATURE SAFETY COORDINATOR ; OR8
470470 (III) F
471471 OR A WORKER WHO IS ALONE AT A WORKSITE, THE PRINCIPAL9
472472 SHALL MAINTAIN A MEANS OF EFFECTIVE , TWO-WAY COMMUNICATION10
473473 WITH THE WORKER AND MAKE CONTACT WITH THE WORKER AT LEAST11
474474 EVERY TWO HOURS;12
475475 (c) B
476476 EFORE A WORK SHIFT OR UPON DETERMINING THE HIGH HEAT13
477477 TRIGGER IS MET OR EXCEEDED, A PRINCIPAL SHALL NOTIFY WORKERS OF14
478478 THE FOLLOWING:15
479479 (I) T
480480 HE IMPORTANCE OF DRINKING PLENTY OF WATER ;16
481481 (II) A
482482 WORKER'S RIGHT TO TAKE REST BREAKS;17
483483 (III) H
484484 OW TO SEEK HELP AND THE PROCEDURES TO TAKE IN A HEAT18
485485 EMERGENCY; AND19
486486 (IV) F
487487 OR MOBILE WORKSITES, THE LOCATION OF THE BREAK AREA,20
488488 THE RESTROOMS, AND DRINKING WATER; AND21
489489 (d) A
490490 PRINCIPAL SHALL PLACE WARNING SIGNS AT INDOOR WORK22
491491 AREAS WITH AMBIENT TEMPERATURES THAT REGULARLY EXCEED ONE23
492492 HUNDRED DEGREES FAHRENHEIT. THE WARNING SIGNS MUST BE LEGIBLE,24
493493 VISIBLE, IN PLAIN LANGUAGE, AND IN A LANGUAGE EACH WORKER ,25
494494 SUPERVISOR, AND TEMPERATURE SAFETY COORDINATOR UNDERSTANDS .26
495495 (5) Requirements at or below the extreme cold temperature27
496496 HB25-1286
497497 -14- trigger. (a) W HEN A WORKER IS EXPOSED TO COLD AT OR BELOW THE1
498498 EXTREME COLD TEMPERATURE TRIGGER , A PRINCIPAL SHALL IMPLEMENT2
499499 AT LEAST ONE OF THE FOLLOWING METHODS OF OBSERVING WORKERS FOR3
500500 SIGNS AND SYMPTOMS OF COLD ILLNESS :4
501501 (I) A
502502 MANDATORY BUDDY SYSTEM IN WHICH COWORKERS OBSERVE5
503503 EACH OTHER;6
504504 (II) O
505505 BSERVATION BY A SUPERVISOR OR TEMPERATURE SAFETY7
506506 COORDINATOR, WITH NO MORE THAN TWENTY WORKERS OBSERVED PER8
507507 SUPERVISOR OR TEMPERATURE SAFETY COORDINATOR ; OR9
508508 (III) F
509509 OR A WORKER WHO IS ALONE AT THE WORKSITE , THE10
510510 PRINCIPAL SHALL MAINTAIN A MEANS OF EFFECTIVE , TWO-WAY11
511511 COMMUNICATION WITH THE WORKER AND MAKE CONTACT WITH THE12
512512 WORKER AT LEAST EVERY TWO HOURS .13
513513 (b) A
514514 PRINCIPAL MUST PROVIDE ACCESS TO WARMTH AS FOLLOWS :14
515515 (I) (A) A
516516 HEATED INDOOR AREA SHALL BE MADE AVAILABLE TO15
517517 WORKERS AS CLOSE AS PRACTICABLE TO THE WORK AREA AND NO16
518518 FURTHER THAN ONE-FOURTH OF ONE MILE FROM THE WORKSITE FOR17
519519 WORKERS ACCESSING THE AREA BY FOOT OR OTHERWISE CLOSE ENOUGH18
520520 TO ALLOW REASONABLE ACCESS DURING REST AND MEAL PERIODS AND19
521521 OTHER BREAKS; AND20
522522 (B) T
523523 HE HEATED INDOOR AREA MUST BE AT LEAST LARGE ENOUGH21
524524 TO ACCOMMODATE THE NUMBER OF WORKERS TAKING REST BREAKS AT22
525525 ANY GIVEN TIME AND ALLOW THEM TO SIT IN A NORMAL POSTURE23
526526 WITHOUT TOUCHING ONE ANOTHER ; OR24
527527 (II) W
528528 HERE A PRINCIPAL CAN DEMONSTRATE THAT IT IS INFEASIBLE25
529529 OR UNSAFE TO HAVE A HEATED INDOOR AREA , OR OTHERWISE TO HAVE A26
530530 HEATED AREA AVAILABLE ON A CONTINUOUS BASIS , THE PRINCIPAL MAY27
531531 HB25-1286
532532 -15- UTILIZE ALTERNATIVE PROCEDURES FOR PROVIDING ACCESS TO WARMTH1
533533 IF THE ALTERNATIVE PROCEDURES PROVIDE EQUIVALENT PROTECTION .2
534534 (c) A
535535 PRINCIPAL SHALL PROVIDE THE NECESSARY PROTECTIVE3
536536 EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND TEMPERATURES AT OR4
537537 BELOW THE EXTREME COLD TEMPERATURE TRIGGER TO THE EXTENT5
538538 PRACTICABLE.6
539539 (d) A
540540 WORKER WHO SPENDS MORE THAN SIXTY MINUTES AT A7
541541 WORKSITE OR IN A PRINCIPAL-PROVIDED VEHICLE EACH DAY OR WHOSE8
542542 WORKSITE IS CONSIDERED A PRINCIPAL-PROVIDED VEHICLE MUST HAVE AN9
543543 ADEQUATE HEATING SYSTEM AVAILABLE AT THE WORKSITE OR INSIDE THE10
544544 VEHICLE.11
545545 (e) A
546546 PRINCIPAL SHALL PROVIDE ACCESS TO POTABLE WATER FOR12
547547 DRINKING THAT IS:13
548548 (I) P
549549 LACED IN A LOCATION READILY ACCESSIBLE TO THE WORKER ;14
550550 (II) S
551551 UITABLY COOL, BUT NOT FROZEN; AND15
552552 (III) O
553553 F SUFFICIENT QUANTITY TO PROVIDE ACCESS TO16
554554 THIRTY-TWO OUNCES OF DRINKING WATER PER WORKER PER HOUR .17
555555 (f) (I) A
556556 PRINCIPAL SHALL ALLOW AND ENCOURAGE EACH WORKER18
557557 TO TAKE A TEN-MINUTE PAID PREVENTIVE WARM -UP BREAK EVERY TWO19
558558 HOURS AND AT ANY TIME THE WORKER FEELS THE ONSET OF COLD ILLNESS .20
559559 T
560560 HE PREVENTIVE BREAKS MAY INCLUDE ACCESS TO WARMTH . A WORKER21
561561 WHO TAKES A PREVENTIVE BREAK SHALL :22
562562 (A) B
563563 E MONITORED AND ASKED IF THEY ARE EXPERIENCING SIGNS23
564564 AND SYMPTOMS OF COLD ILLNESS ;24
565565 (B) B
566566 E ENCOURAGED TO REMAIN IN THE WARMTH ; AND25
567567 (C) N
568568 OT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR26
569569 SYMPTOMS OF COLD ILLNESS HAVE ABATED , BUT THE WORKER MUST NOT27
570570 HB25-1286
571571 -16- BE ORDERED BACK WITHIN LESS THAN FIVE MINUTES , IN ADDITION TO THE1
572572 TIME NEEDED TO ACCESS WARMTH WHERE APPLICABLE ;2
573573 (II) A
574574 PRINCIPAL MAY COUNT A MEAL BREAK AS A REST BREAK ,3
575575 EVEN IF IT IS NOT OTHERWISE REQUIRED BY LAW TO BE PAID ;4
576576 (III) A
577577 PRINCIPAL SHALL NOT COUNT A PERIOD DURING WHICH A5
578578 WORKER IS PUTTING ON AND REMOVING PERSONAL PROTECTIVE6
579579 EQUIPMENT TOWARD THE TOTAL TIME PROVIDED FOR REST BREAKS ;7
580580 (IV) A
581581 PRINCIPAL SHALL NOT INCLUDE THE TIME FOR WORKERS TO8
582582 WALK TO AND FROM THE BREAK AREA IN THE TIME PROVIDED FOR REST9
583583 BREAKS; AND10
584584 (V) A
585585 PREVENTIVE BREAK MUST NOT AFFECT JOB QUOTAS . A11
586586 PRINCIPAL SHALL ADJUST JOB QUOTAS TO ACCOMMODATE FOR PREVENTIVE12
587587 BREAKS.13
588588 (6) Temperature-related injury and illness prevention plan.14
589589 (a) A
590590 PRINCIPAL SHALL DEVELOP AND IMPLEMENT A WORKSITE15
591591 TEMPERATURE-RELATED INJURY AND ILLNESS PREVENTION PLAN WITH16
592592 SITE-SPECIFIC INFORMATION.17
593593 (b) A
594594 TRIIPP MUST INCLUDE:18
595595 (I) A
596596 COMPREHENSIVE LIST OF THE TYPE OF WORK ACTIVITIES19
597597 COVERED BY THE TRIIPP;20
598598 (II) T
599599 HE POLICIES AND PROCEDURES NECESSARY TO COMPLY WITH21
600600 THE REQUIREMENTS OF THIS SECTION; AND22
601601 (III) A
602602 N IDENTIFICATION OF THE TEMPERATURE METRIC AND THE23
603603 INCREASED RISK FACTORS THAT THE PRINCIPAL WILL MONITOR TO COMPLY24
604604 WITH THE HEAT AND COLD SAFETY REQUIREMENTS OF THIS SECTION .25
605605 (c) I
606606 F A PRINCIPAL EMPLOYS A WORKER WHO WEARS26
607607 VAPOR-IMPERMEABLE CLOTHING, THE PRINCIPAL SHALL EVALUATE HEAT27
608608 HB25-1286
609609 -17- STRESS HAZARDS RESULTING FROM THE CLOTHING AND IMPLEMENT1
610610 POLICIES AND PROCEDURES BASED ON REPUTABLE SOURCES TO PROTECT2
611611 WORKERS WHILE WEARING THIS CLOTHING . THE PRINCIPAL SHALL INCLUDE3
612612 THE POLICIES AND PROCEDURES AND DOCUMENTATION OF THE4
613613 EVALUATION IN THE TRIIPP.5
614614 (d) I
615615 F A PRINCIPAL EMPLOYS MORE THAN TEN WORKERS , A TRIIPP6
616616 MUST BE IN WRITING.7
617617 (e) A
618618 PRINCIPAL WITH MORE THAN TEN WORKERS SHALL8
619619 DESIGNATE ONE OR MORE TEMPERATURE SAFETY COORDINATORS TO9
620620 IMPLEMENT AND MONITOR A TRIIPP. THE NAME OF THE TEMPERATURE10
621621 SAFETY COORDINATOR MUST BE DOCUMENTED IN A WRITTEN TRIIPP. THE11
622622 TEMPERATURE SAFETY COORDINATOR MAY ENSURE COMPLIANCE WITH ALL12
623623 ASPECTS OF THE TRIIPP.13
624624 (f) A
625625 PRINCIPAL SHALL SEEK THE INPUT AND INVOLVEMENT OF14
626626 NONMANAGERIAL WORKERS AND THEIR REPRESENTATIVES , IF ANY, IN THE15
627627 DEVELOPMENT AND IMPLEMENTATION OF THE TRIIPP.16
628628 (g) A
629629 T LEAST ANNUALLY AND IF A TEMPERATURE -RELATED17
630630 ILLNESS OR INJURY OCCURS THAT RESULTS IN DEATH , DAYS AWAY FROM18
631631 WORK, MEDICAL TREATMENT BEYOND FIRST AID , OR LOSS OF19
632632 CONSCIOUSNESS, A PRINCIPAL SHALL REVIEW AND EVALUATE THE20
633633 EFFECTIVENESS OF THE TRIIPP. AFTER A REVIEW, THE PRINCIPAL SHALL21
634634 UPDATE THE TRIIPP AS NECESSARY. THE PRINCIPAL SHALL SEEK INPUT22
635635 AND INVOLVEMENT OF NONMANAGERIAL WORKERS AND THEIR23
636636 REPRESENTATIVES, IF ANY, DURING ANY REVIEW OR UPDATE .24
637637 (h) A
638638 PRINCIPAL SHALL MAKE A TRIIPP READILY AVAILABLE AT25
639639 A WORKSITE TO ALL WORKERS WORKING AT THE WORKSITE .26
640640 (i) A
641641 TRIIPP MUST BE AVAILABLE IN A LANGUAGE EACH WORKER ,27
642642 HB25-1286
643643 -18- SUPERVISOR, AND TEMPERATURE SAFETY COORDINATOR UNDERSTANDS .1
644644 (j) A
645645 S PART OF A TRIIPP, A PRINCIPAL SHALL DEVELOP AND2
646646 IMPLEMENT A TEMPERATURE EMERGENCY RESPONSE PLAN THAT3
647647 INCLUDES:4
648648 (I) A
649649 LIST OF EMERGENCY PHONE NUMBERS ;5
650650 (II) A
651651 DESCRIPTION OF HOW WORKERS CAN CONTACT A6
652652 SUPERVISOR AND EMERGENCY MEDICAL SERVICES ;7
653653 (III) T
654654 HE NAME OF AN INDIVIDUAL DESIGNATED TO ENSURE THAT8
655655 TEMPERATURE EMERGENCY PROCEDURES ARE INVOKED WHEN9
656656 APPROPRIATE;10
657657 (IV) A
658658 DESCRIPTION OF HOW TO TRANSPORT A WORKER TO A PLACE11
659659 WHERE THEY CAN BE REACHED BY AN EMERGENCY MEDICAL SERVICES12
660660 PROVIDER;13
661661 (V) C
662662 LEAR AND PRECISE DIRECTIONS TO THE WORKSITE ,14
663663 INCLUDING THE ADDRESS OF THE WORKSITE , WHICH CAN BE PROVIDED TO15
664664 EMERGENCY DISPATCHERS ; AND16
665665 (VI) P
666666 ROCEDURES FOR RESPONDING TO A WORKER EXPERIENCING17
667667 SIGNS AND SYMPTOMS OF TEMPERATURE -RELATED ILLNESS, INCLUDING:18
668668 (A) H
669669 EAT EMERGENCY PROCEDURES FOR RESPONDING TO A19
670670 WORKER WITH SIGNS AND SYMPTOMS OF A HEAT EMERGENCY ; AND20
671671 (B) C
672672 OLD EMERGENCY PROCEDURES FOR RESPONDING TO A21
673673 WORKER WITH SIGNS AND SYMPTOMS OF A COLD EMERGENCY , INCLUDING22
674674 RESPONDING TO A WORKER WITH SUSPECTED HYPOTHERMIA .23
675675 (k) A
676676 S PART OF A TRIIPP, A PRINCIPAL SHALL DEVELOP AND24
677677 IMPLEMENT A MONITORING PLAN AS DESCRIBED THIS SECTION .25
678678 (7) Temperature-related illness and emergency response.26
679679 (a) I
680680 F A WORKER IS EXPERIENCING SIGNS AND SYMPTOMS OF27
681681 HB25-1286
682682 -19- HEAT-RELATED ILLNESS, A PRINCIPAL SHALL:1
683683 (I) R
684684 ELIEVE THE WORKER FROM DUTY ;2
685685 (II) M
686686 ONITOR THE WORKER;3
687687 (III) E
688688 NSURE THE WORKER IS NOT LEFT ALONE ;4
689689 (IV) O
690690 FFER THE WORKER ON-SITE FIRST AID OR MEDICAL SERVICES5
691691 BEFORE ENDING MONITORING ; AND6
692692 (V) P
693693 ROVIDE THE WORKER WITH THE MEANS TO REDUCE THEIR7
694694 BODY TEMPERATURE.8
695695 (b) I
696696 F A WORKER IS EXPERIENCING SIGNS AND SYMPTOMS OF A9
697697 HEAT EMERGENCY, A PRINCIPAL SHALL:10
698698 (I) T
699699 AKE IMMEDIATE ACTIONS TO REDUCE THE WORKER 'S BODY11
700700 TEMPERATURE BEFORE EMERGENCY MEDICAL SERVICES ARRIVE ;12
701701 (II) C
702702 ONTACT EMERGENCY MEDICAL SERVICES IMMEDIATELY ; AND13
703703 (III) P
704704 ERFORM THE ACTIVITIES DESCRIBED IN SUBSECTION (7)(a)14
705705 OF THIS SECTION.15
706706 (c) I
707707 F A WORKER IS EXPERIENCING SIGNS AND SYMPTOMS OF A16
708708 COLD ILLNESS, A PRINCIPAL SHALL:17
709709 (I) R
710710 ELIEVE THE WORKER FROM DUTY ;18
711711 (II) M
712712 ONITOR THE WORKER;19
713713 (III) E
714714 NSURE THE WORKER IS NOT LEFT ALONE ;20
715715 (IV) O
716716 FFER THE WORKER ON-SITE FIRST AID OR MEDICAL SERVICES21
717717 BEFORE ENDING MONITORING ; AND22
718718 (V) P
719719 ROVIDE THE WORKER WITH THE MEANS TO INCREASE THEIR23
720720 BODY TEMPERATURE.24
721721 (d) I
722722 F A WORKER IS EXPERIENCING SIGNS AND SYMPTOMS OF A25
723723 COLD EMERGENCY, A PRINCIPAL SHALL:26
724724 (I) T
725725 AKE IMMEDIATE ACTIONS TO INCREASE THE WORKER 'S BODY27
726726 HB25-1286
727727 -20- TEMPERATURE BEFORE EMERGENCY MEDICAL SERVICES ARRIVE ;1
728728 (II) C
729729 ONTACT EMERGENCY MEDICAL SERVICES IMMEDIATELY ; AND2
730730 (III) P
731731 ERFORM THE ACTIVITIES DESCRIBED IN SUBSECTION (7)(c)3
732732 OF THIS SECTION.4
733733 (8) Temperature illness prevention requirements. (a) B
734734 EFORE5
735735 WORK AT OR ABOVE THE INITIAL HEAT TRIGGER OR AT OR BELOW THE6
736736 EXTREME COLD TEMPERATURE TRIGGER , A PRINCIPAL SHALL ENSURE THAT7
737737 EACH WORKER RECEIVES AND UNDERSTANDS TRAINING ON :8
738738 (I) T
739739 HE LOCATION OF BREAK AREAS , INCLUDING SHADE OR9
740740 AIR-CONDITIONED AREAS AND WARMING AREAS ;10
741741 (II) T
742742 HE LOCATION OF THE PRINCIPAL-PROVIDED WATER;11
743743 (III) T
744744 HE LOCATION OF THE RESTROOMS ;12
745745 (IV) T
746746 HE POLICIES AND PROCEDURES APPLICABLE TO THE13
747747 WORKER'S DUTIES, AS INDICATED IN THE WORKSITE'S TRIIPP;14
748748 (V) T
749749 HE NAME OF THE TEMPERATURE SAFETY COORDINATOR ;15
750750 (VI) A
751751 LIST OF EMERGENCY PHONE NUMBERS ;16
752752 (VII) A
753753 DESCRIPTION OF HOW WORKERS CAN CONTACT A17
754754 SUPERVISOR AND EMERGENCY MEDICAL SERVICES ;18
755755 (VIII) A
756756 DESCRIPTION OF HOW TO TRANSPORT A WORKER TO A19
757757 PLACE WHERE THEY CAN BE REACHED BY AN EMERGENCY MEDICAL20
758758 SERVICES PROVIDER;21
759759 (IX) C
760760 LEAR AND PRECISE DIRECTIONS TO THE WORKSITE ,22
761761 INCLUDING THE ADDRESS OF THE WORKSITE , WHICH CAN BE PROVIDED TO23
762762 EMERGENCY DISPATCHERS ;24
763763 (X) P
764764 ROCEDURES FOR RESPONDING TO A WORKER EXPERIENCING25
765765 SIGNS AND SYMPTOMS OF HEAT -RELATED ILLNESS, INCLUDING HEAT26
766766 EMERGENCY PROCEDURES FOR RESPONDING TO A WORKER WITH27
767767 HB25-1286
768768 -21- SUSPECTED HEATSTROKE;1
769769 (XI) T
770770 HE REQUIREMENTS OF THIS SECTION , INCLUDING THE2
771771 PROHIBITION ON DISCRIMINATION OR RETALIATION AGAINST WORKERS FOR3
772772 EXERCISING RIGHTS PROTECTED BY SECTION 8-14.4-102;4
773773 (XII) T
774774 HE PRINCIPAL'S COMMITMENT TO PREVENTING RETALIATION5
775775 ASSOCIATED WITH THE EXERCISE OF RIGHTS UNDER THIS SECTION ; AND6
776776 (XIII) H
777777 OW THE WORKER CAN ACCESS THE WORKSITE 'S TRIIPP.7
778778 (b) I
779779 N ADDITION TO THE REQUIREMENTS SET FORTH IN SUBSECTION8
780780 (8)(a)
781781 OF THIS SECTION, BEFORE WORK AT OR ABOVE THE INITIAL HEAT9
782782 TRIGGER, A PRINCIPAL SHALL ENSURE THAT EACH WORKER RECEIVES AND10
783783 UNDERSTANDS TRAINING ON :11
784784 (I) H
785785 EAT STRESS HAZARDS;12
786786 (II) H
787787 EAT-RELATED INJURIES AND ILLNESSES;13
788788 (III) R
789789 ISK FACTORS FOR HEAT-RELATED INJURY OR ILLNESS ,14
790790 INCLUDING:15
791791 (A) T
792792 HE CONTRIBUTIONS OF PHYSICAL EXERTION ;16
793793 (B) V
794794 APOR-IMPERMEABLE CLOTHING AND PERSONAL PROTECTIVE17
795795 EQUIPMENT;18
796796 (C) A
797797 LACK OF ACCLIMATIZATION;19
798798 (D) U
799799 NHEALTHY AIR QUALITY; AND20
800800 (E) P
801801 ERSONAL RISK FACTORS, INCLUDING AGE, HEALTH, ALCOHOL21
802802 CONSUMPTION, AND USE OF CERTAIN MEDICATIONS;22
803803 (IV) S
804804 IGNS AND SYMPTOMS OF HEAT-RELATED ILLNESS AND WHICH23
805805 ONES REQUIRE IMMEDIATE EMERGENCY ACTION ;24
806806 (V) T
807807 HE IMPORTANCE OF REMOVING CLOTHING AND PERSONAL25
808808 PROTECTIVE EQUIPMENT THAT MAY IMPAIR COOLING DURING REST26
809809 BREAKS;27
810810 HB25-1286
811811 -22- (VI) THE IMPORTANCE OF TAKING REST BREAKS TO PREVENT1
812812 HEAT-RELATED ILLNESS OR INJURY AND THAT REST BREAKS ARE PAID ; AND2
813813 (VII) T
814814 HE IMPORTANCE OF DRINKING WATER TO PREVENT3
815815 HEAT-RELATED ILLNESS OR INJURY.4
816816 (c) I
817817 F A PRINCIPAL IS REQUIRED TO PLACE WARNING SIGNS FOR5
818818 EXCESSIVELY HIGH HEAT AREAS, THE PRINCIPAL SHALL TRAIN WORKERS6
819819 CONCERNING THE PROCEDURES TO FOLLOW WHEN WORKING IN THE HIGH7
820820 HEAT AREAS.8
821821 (d) B
822822 EFORE WORK IS PERFORMED AT OR BELOW THE EXTREME9
823823 COLD TEMPERATURE TRIGGER , THE PRINCIPAL SHALL ENSURE THAT EACH10
824824 WORKER RECEIVES AND UNDERSTANDS TRAINING ON :11
825825 (I) C
826826 OLD ILLNESS;12
827827 (II) R
828828 ISK FACTORS FOR COLD -RELATED INJURY OR ILLNESS ,13
829829 INCLUDING THE CONTRIBUTIONS OF WETNESS , DAMPNESS, WIND, PERSONAL14
830830 PROTECTIVE EQUIPMENT, LONG WORK SHIFTS OR DAYS, EXHAUSTION, AND15
831831 PERSONAL RISK FACTORS, SUCH AS AGE AND HEALTH; AND16
832832 (III) T
833833 HE IMPORTANCE OF PROPER DRESS TO PREVENT COLD17
834834 ILLNESS.18
835835 (e) A
836836 PRINCIPAL SHALL ENSURE THAT EACH SUPERVISOR19
837837 RESPONSIBLE FOR SUPERVISING A WORKER PERFORMING WORK AT OR20
838838 ABOVE THE INITIAL HEAT TRIGGER OR AT OR BELOW THE EXTREME COLD21
839839 TEMPERATURE TRIGGER AND EACH TEMPERATURE SAFETY COORDINATOR22
840840 RECEIVES TRAINING AND UNDERSTANDS THE TRAINING ELEMENTS IN23
841841 SUBSECTION (8)(a) OF THIS SECTION AND UNDERSTANDS :24
842842 (I) T
843843 HE POLICIES AND PROCEDURES DEVELOPED TO COMPLY WITH25
844844 THE APPLICABLE REQUIREMENTS OF THIS SECTION , INCLUDING THE26
845845 POLICIES AND PROCEDURES FOR MONITORING TEMPERATURE CONDITIONS27
846846 HB25-1286
847847 -23- DEVELOPED TO COMPLY WITH THIS SECTION ;1
848848 (II) T
849849 HE PROCEDURES THE SUPERVISOR OR TEMPERATURE SAFETY2
850850 COORDINATOR MUST FOLLOW IF A WORKER EXHIBITS SIGNS AND3
851851 SYMPTOMS OF TEMPERATURE -RELATED ILLNESS; AND4
852852 (III) T
853853 HE PRINCIPAL'S COMMITMENT TO SUPPORTING WORKERS AND5
854854 PREVENTING RETALIATION ASSOCIATED WITH THE EXERCISE OF RIGHTS6
855855 DESCRIBED IN THIS SECTION.7
856856 (f) A
857857 PRINCIPAL SHALL ENSURE THAT EACH WORKER RECEIVES8
858858 ANNUAL TRAINING ON AND UNDERSTANDS THE SUBJECTS ADDRESSED IN9
859859 THIS SUBSECTION (8). THE PRINCIPAL SHALL ENSURE THAT EACH10
860860 SUPERVISOR AND TEMPERATURE SAFETY COORDINATOR RECEIVES AN NUAL11
861861 TRAINING ON AND UNDERSTANDS THE TOPICS ADDRESSED IN SUBSECTION12
862862 (8)(e)
863863 OF THIS SECTION. FOR WORKERS WHO PERFORM WORK OUTDOORS ,13
864864 THE PRINCIPAL SHALL CONDUCT THE ANNUAL REFRESHER TRAINING14
865865 DURING THE QUARTER PRECEDING THE TIME WHEN THE PRINCIPAL15
866866 REASONABLY ANTICIPATES INCREASED EXPOSURE TO EXTREME16
867867 TEMPERATURES OR, IF TEMPERATURES REMAIN CONSISTENT THROUGHOUT17
868868 THE YEAR, DURING THE FIRST CALENDAR QUARTER AND AS SOON AS18
869869 PRACTICABLE FOR NEW OR SEASONAL WORKERS .19
870870 (g) A
871871 PRINCIPAL SHALL ENSURE THAT EACH WORKER PROMPTLY20
872872 RECEIVES AND UNDERSTANDS ADDITIONAL TRAINING WHEN :21
873873 (I) C
874874 HANGES OCCUR THAT AFFECT A WORKER 'S EXPOSURE TO HEAT22
875875 OR COLD AT WORK;23
876876 (II) T
877877 HE PRINCIPAL CHANGES THE POLICIES OR PROCEDURES24
878878 ADDRESSED IN THIS SECTION;25
879879 (III) T
880880 HERE IS AN INDICATION THAT THE WORKER HAS NOT26
881881 RETAINED THE NECESSARY UNDERSTANDING ; OR27
882882 HB25-1286
883883 -24- (IV) A TEMPERATURE-RELATED INJURY OR ILLNESS OCCURS AT1
884884 THE WORKSITE THAT RESULTS IN DEATH , DAYS AWAY FROM WORK ,2
885885 MEDICAL TREATMENT BEYOND FIRST AID , OR LOSS OF CONSCIOUSNESS.3
886886 (h) A
887887 PRINCIPAL SHALL PROVIDE TRAINING IN A LANGUAGE AND AT4
888888 A LITERACY LEVEL THAT EACH WORKER , SUPERVISOR, AND TEMPERATURE5
889889 SAFETY COORDINATOR UNDERSTANDS . THE PRINCIPAL SHALL PROVIDE6
890890 EACH WORKER WITH AN OPPORTUNITY FOR QUESTIONS AND ANSWERS7
891891 ABOUT THE TRAINING MATERIALS .8
892892 (9) Requirements implemented at no cost to workers. A9
893893 PRINCIPAL SHALL IMPLEMENT THE REQUIREMENTS OF THIS SECTION AT NO10
894894 COST TO WORKERS, INCLUDING PAYING WORKERS THEIR NORMAL RATE OF11
895895 PAY WHEN COMPLIANCE REQUIRES WORKERS ' TIME.12
896896 SECTION 3. In Colorado Revised Statutes, 8-14.4-106, amend13
897897 (2) introductory portion, (3)(a), (3)(b), and (3)(d) as follows:14
898898 8-14.4-106. Relief authorized. (2) A court may order affirmative15
899899 relief that the court determines to be appropriate, including the following16
900900 relief, against a respondent who is found to have engaged in a
901901 17
902902 discriminatory, adverse, or retaliatory employment practice prohibited by18
903903 VIOLATED this article 14.4:19
904904 (3) (a) In addition to the relief available pursuant to subsection (2)20
905905 of this section, in a civil action brought by a plaintiff under this article21
906906 14.4 against a defendant who is found to have engaged in an intentional22
907907 discriminatory, adverse, or retaliatory employment practice VIOLATED23
908908 THIS ARTICLE 14.4, the plaintiff may recover compensatory and punitive24
909909 damages as specified in this subsection (3).25
910910 (b) A plaintiff may recover punitive damages against a defendant26
911911 if the plaintiff demonstrates by clear and convincing evidence that the27
912912 HB25-1286
913913 -25- defendant VIOLATED THIS ARTICLE 14.4 OR engaged in a discriminatory,1
914914 adverse, or retaliatory employment practice with malice or reckless2
915915 indifference to the rights of the plaintiff. However, if the defendant3
916916 demonstrates good faith efforts to comply with this article 14.4 and to4
917917 prevent discriminatory, adverse, and retaliatory employment practices in5
918918 the workplace, the court shall not award punitive damages against the6
919919 defendant.7
920920 (d) In determining the appropriate level of damages to award a8
921921 plaintiff who has been the victim of an intentional discriminatory,9
922922 adverse, or retaliatory employment practice A VIOLATION OF THIS ARTICLE10
923923 14.4, the court shall consider the size and assets of the defendant and the11
924924 egregiousness of the discriminatory, adverse, or retaliatory employment12
925925 practice VIOLATION.13
926926 SECTION 4. Act subject to petition - effective date. This act14
927927 takes effect April 1, 2026; except that, if a referendum petition is filed15
928928 pursuant to section 1 (3) of article V of the state constitution against this16
929929 act or an item, section, or part of this act within the ninety-day period17
930930 after final adjournment of the general assembly, then the act, item,18
931931 section, or part will not take effect unless approved by the people at the19
932932 general election to be held in November 2026 and, in such case, will take20
933933 effect on the date of the official declaration of the vote thereon by the21
934934 governor.22
935935 HB25-1286
936936 -26-