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General Assembly Substitute Bill No. 830
January Session, 2025
AN ACT ESTABLISHING SAFETY STANDARDS TO PREVENT HEAT -
RELATED ILLNESS IN WORKPLACES.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. (NEW) (Effective October 1, 2025) (a) As used in this section: 1
(1) "Drinking water" means potable water that is suitable to drink and 2
is a temperature of not more than seventy-seven degrees; 3
(2) "Emergency medical service" means the provision of care by a 4
medically trained person, including, but not limited to, services 5
provided by a hospital, clinic, ambulance, disaster car or rescue vehicle; 6
(3) "Exertional heat stroke" means a life-threatening medical 7
condition characterized by high core body temperature and central 8
nervous system dysfunction, occurring during or after strenuous 9
physical activity in hot and humid conditions; 10
(4) "Heat illness" means a serious medical condition that results from 11
the body's inability to cope with a particular heat load, including, but 12
not limited to, heat cramps, heat exhaustion, heat syncope, heat stroke 13
and exertional heat stroke; 14
(5) "Shade" means a natural or artificial blockage of direct sunlight; 15
and 16 Substitute Bill No. 830
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(6) "Temperature" means the dry bulb temperature in degrees 17
Fahrenheit, as measured by a thermometer in an area where there is no 18
shade. 19
(b) (1) When the outdoor temperature exceeds eighty degrees, an 20
employer who employs individuals in positions where a majority of the 21
work is done in an outdoor setting, including, but not limited to, 22
positions in the agricultural, construction or landscaping industry, shall 23
establish and maintain one or more shade areas at all times employees 24
are present at an outdoor work site. Such shade areas shall be (A) open 25
to the air or have mechanical ventilation for cooling, (B) located as close 26
as practicable to areas where employees are working, and (C) large 27
enough to accommodate the number of employees taking breaks or 28
meal periods so that each such employee can sit in a normal posture, 29
fully in the shade, without having physical contact with another 30
employee. 31
(2) When the outdoor temperature is less than eighty degrees, an 32
employer subject to the provisions of subsection (b) of this section shall 33
(A) establish and maintain shade areas in accordance with the 34
provisions of subdivision (1) of this subsection, or (B) allow employees 35
reasonable access to shade located at the outdoor work site upon an 36
employee's request. 37
(3) An employer in the agricultural industry may satisfy the 38
requirements of this subsection by implementing alternative cooling 39
measures other than the shade areas pursuant to subdivision (1) of this 40
subsection, including, but not limited to, the use of misting machines, if 41
such employer can demonstrate that such alternative cooling measures 42
are as effective as utilizing the shade areas pursuant to subdivision (1) 43
of this subsection. 44
(c) An employer subject to the provisions of subsection (b) of this 45
section shall provide a sufficient supply of drinking water at no cost to 46
its employees so that each employee is able to consume not less than 47
thirty-two fluid ounces of water per hour for the duration of such 48 Substitute Bill No. 830
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employee's shift, except if an employee is required to wear personal 49
protective equipment, an employer shall provide an amount of such 50
drinking water sufficient for such employee to consume not less than 51
eighty ounces of water per hour. If such drinking water is not plumbed 52
or otherwise continuously supplied, an employer may provide such 53
supply of drinking water at the beginning of each employee's shift or in 54
smaller quantities throughout an employee's shift. 55
(d) (1) Any employer subject to the provisions of subsection (b) of this 56
section shall provide reasonable breaks in the shade areas required 57
pursuant to subdivision (1) of subsection (b) of this section to 58
employees. Such breaks shall be permitted as necessary in order to allow 59
an employee's body temperature to cool down and prevent overheating 60
and shall be not less than five minutes in duration, not including the 61
time the employee needs to access shade. 62
(2) When an employee takes a break pursuant to this subsection, an 63
employer shall monitor such employee for signs or symptoms of heat 64
illness. If an employee is showing signs or experiencing symptoms of 65
heat illness, an employer shall allow the employee to remain in the 66
shade until such signs or symptoms subside, and, if necessary, 67
implement the emergency response procedures required pursuant to 68
subsection (e) of this section, except if an employee is showing signs or 69
experiencing symptoms of exertional heat stroke, an employer shall 70
immediately implement the emergency response procedures required 71
pursuant to subsection (e) of this section. 72
(e) An employer subject to the provisions of subsection (b) of this 73
section shall develop and implement effective emergency response 74
procedures for employees showing signs or experiencing symptoms of 75
heat illness. Such emergency response procedures shall, at a minimum, 76
include (1) first aid measures, including, but not limited to, whole body 77
cooling measures for employees showing signs or experiencing 78
symptoms of exertional heat stroke, and (2) the implementation of an 79
emergency medical plan to ensure the rapid provision of medical 80
services to employees showing signs or experiencing symptoms of heat 81 Substitute Bill No. 830
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illness, including, but not limited to, transportation of such employee if 82
the outdoor work site is not in proximity to emergency medical services. 83
(f) An employer subject to the provisions of subsection (b) of this 84
section shall implement additional high heat practices when the 85
temperature at the outdoor work site equals or exceeds ninety degrees. 86
Such practices shall, to the extent possible, include: 87
(1) Ensuring that employees at such work site are able to contact a 88
supervisor by maintaining effective communication by voice or an 89
electronic device. If an employer chooses to utilize an electronic device, 90
including, but not limited to, a cell phone or text messaging device, such 91
employer shall ensure reception in the area is reliable; 92
(2) Monitoring employees for signs and symptoms of heat illness by 93
designating a supervisor, or a supervisor's designee, to observe twenty 94
or fewer employees or by implementing a mandatory buddy system or 95
other effective means of observation; 96
(3) Designating one or more employees at such work site to call for 97
emergency medical services when needed and allowing other 98
employees to call for emergency medical services when such designated 99
employees are unavailable; 100
(4) Reminding employees throughout the work shift to drink plenty 101
of water and to take breaks pursuant to subsection (d) of this section; 102
(5) Implementing a schedule to provide employees a preventative 103
cool-down rest period of not less than ten minutes every two hours. 104
Such rest period may be provided concurrently with a meal or rest 105
period required under state or federal law; and 106
(6) Holding meetings before the commencement of a work shift to 107
review the high heat practices required pursuant to this subsection. 108
(g) An employer subject to the provisions of subsection (b) of this 109
section shall develop and implement effective acclimatization practices 110
for (1) new employees assigned to work at an outdoor work site where 111 Substitute Bill No. 830
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the temperature exceeds eighty degrees, and (2) employees returning to 112
an outdoor work site where the temperature exceeds eighty degrees 113
after not working at such work site for fourteen or more consecutive 114
days, in order for such employees to gradually adapt to such working 115
conditions. Such practices shall start such employees at twenty per cent 116
of an employee's normal work load and increase such work load by 117
twenty per cent each day until one hundred per cent of such employee's 118
work load is reached. 119
(h) The provisions of this section shall not apply to an employee who 120
drives an air-conditioned or fan-ventilated vehicle and may experience 121
some heat exposure for duties conducted outside such vehicle, provided 122
such employee has unrestricted access to such vehicle. 123
Sec. 2. (NEW) (Effective October 1, 2025) (a) For the purposes of this 124
section: 125
(1) "Drinking water" means potable water that is suitable to drink and 126
is a temperature of not more than seventy-seven degrees; 127
(2) "Emergency medical service" means the provision of care by a 128
medically trained person, including, but not limited to, services 129
provided by a hospital, clinic, ambulance, disaster car or rescue vehicle; 130
(3) "Exertional heat stroke" means a life-threatening medical 131
condition characterized by high core body temperature and central 132
nervous system dysfunction, occurring during or after strenuous 133
physical activity in hot and humid conditions; 134
(4) "Heat illness" means a serious medical condition that results from 135
the body's inability to cope with a particular heat load, including, but 136
not limited to, heat cramps, heat exhaustion, heat syncope, heat stroke 137
and exertional heat stroke; and 138
(5) "Temperature" means the dry bulb temperature in degrees 139
Fahrenheit, as measured by a thermometer in an area where there is no 140
shade. 141 Substitute Bill No. 830
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(b) (1) When the outdoor temperature exceeds eighty degrees, an 142
employer shall measure the temperature at an indoor work area that 143
does not have effective or functioning air conditioning and make a 144
record of such measurement. 145
(2) The records required pursuant to subdivision (1) of this subsection 146
shall include the temperature, date, time and specific location of all 147
measurements. Any records required pursuant to this section shall be 148
maintained by an employer for a period of at least one year and made 149
available to employees upon request. 150
(3) An employer shall take measurements required pursuant to 151
subdivision (1) of this subsection again when the temperature is 152
expected to be ten degrees higher than the previous measurement and 153
at times when employee exposure to heat illness is expected to be the 154
greatest. 155
(c) At times when the temperature in such indoor work areas 156
described in subsection (b) of this section equals or exceeds eighty-two 157
degrees, an employer shall: 158
(1) Establish and maintain one or more cool-down areas during times 159
when employees are present at such indoor work area, except when the 160
employer can demonstrate that the establishment of such cool-down 161
areas is impracticable. Such cool-down area shall (A) maintain a 162
temperature of less than eighty-two degrees, (B) be located as close as 163
practicable to areas where employees are working, and (C) be large 164
enough to accommodate the number of employees taking breaks or 165
meal periods; 166
(2) Provide a sufficient supply of drinking water at no cost to its 167
employees so that each employee is able to consume not less than thirty-168
two fluid ounces of water per hour for the duration of such employee's 169
shift, except if an employee is required to wear personal protective 170
equipment, an employer shall provide an amount of such drinking 171
water sufficient for such employee to consume not less than eighty 172
ounces of water per hour. If such drinking water is not plumbed or 173 Substitute Bill No. 830
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otherwise continuously supplied, an employer shall provide such 174
supply of drinking water at the beginning of each employee's shift or in 175
smaller quantities throughout an employee's shift; and 176
(3) Provide reasonable breaks in the cool-down areas required 177
pursuant to subdivision (1) of this subsection. Such breaks shall be 178
permitted as necessary in order to allow an employee's body 179
temperature to cool down and prevent overheating and shall be not less 180
than five minutes in duration, not including the time the employee 181
needs to access such cool-down area. When an employee takes a break 182
pursuant to this subdivision, an employer shall monitor such employee 183
for signs or symptoms of heat illness. If an employee is showing signs 184
or experiencing symptoms of heat illness, an employer shall allow the 185
employee to remain in the cool-down area until such signs or symptoms 186
subside, and, if necessary, implement the emergency response 187
procedures established required pursuant to subsection (e) of this 188
section, except if an employee is showing signs or experiencing 189
symptoms of exertional heat stroke, an employer shall immediately 190
implement the emergency response procedures established pursuant to 191
subsection (e) of this section. 192
(d) An employer shall monitor the temperature of an indoor work 193
area for indoor work areas described in subsection (a) of this section and 194
implement control measures (1) when such temperature equals or 195
exceeds eighty-seven degrees, or (2) where individuals employed at 196
such indoor work area are required to wear clothing that restricts heat 197
removal or work in a high radiant heat area, when such temperature 198
equals or exceeds eighty-seven degrees. Such control measures may 199
include: 200
(A) Implementing engineering controls, including, but not limited to, 201
air conditioning, cooling fans, cooling mist fans, evaporative coolers, 202
natural ventilation or local exhaust ventilation, in order to reduce and 203
maintain the temperature of such indoor work area to (i) below eighty-204
seven degrees, or (ii) where individuals employed at such indoor work 205
area are required to wear clothing that restricts heat removal or to work 206 Substitute Bill No. 830
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in a high radiant heat area, below eighty-two degrees; 207
(B) Implementing administrative controls in order to limit exposure 208
to heat illness, including, but not limited to, rotating employees, 209
scheduling work earlier or later in the day, implementing rest schedules, 210
reducing work intensity or speed, reducing work hours, using relief 211
workers and changing required work clothing; or 212
(C) Providing personal heat-protective equipment, including, but not 213
limited to, water-cooled garments, air-cooled garments, cooling vests, 214
wetted overgarments and heat-reflective clothing. 215
(e) An employer subject to the provisions of subsections (b) to (d), 216
inclusive, of this section shall develop and implement effective 217
emergency response procedures for employees showing signs or 218
experiencing symptoms of heat illness. Such emergency response 219
procedures shall, at a minimum, include procedures for: 220
(1) Ensuring that employees at the work site can contact a supervisor 221
by maintaining effective communication by voice or an electronic 222
device. If an employer chooses to utilize an electronic device, including, 223
but not limited to, a cell phone or text messaging device, such employer 224
shall ensure reception in the area is reliable; and 225
(2) Responding to employees showing signs and symptoms of heat 226
illness, which shall include, but need not be limited to, (A) first aid 227
measures, including, but not limited to, whole body cooling measures 228
for employees showing signs or experiencing symptoms of exertional 229
heat stroke, and (B) implementing an emergency medical plan to ensure 230
the rapid provision of medical services to employees showing signs or 231
experiencing symptoms of heat illness. 232
(f) An employer subject to the provisions of subsections (b) to (d), 233
inclusive, of this section shall develop and implement effective 234
acclimatization practices for (1) new employees (A) assigned to work at 235
indoor work areas where the temperature exceeds eighty-seven degrees, 236
(B) required to wear clothing that restricts heat removal at indoor work 237 Substitute Bill No. 830
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areas where the temperature exceeds eighty-two degrees, or (C) 238
assigned to work in a high radiant heat area that exceeds eighty-two 239
degrees, and (2) employees returning to the working conditions 240
described in subparagraphs (A) to (C), inclusive, of subdivision (1) of 241
this subsection after not working for fourteen or more consecutive days, 242
in order for such employees to gradually adapt to such working 243
conditions. Such practices shall start such employees at twenty per cent 244
of an employee's normal work load and increase such work load by 245
twenty per cent each day until one hundred per cent of such employee's 246
work load is reached. 247
Sec. 3. (NEW) (Effective October 1, 2025) (a) An employer subject to the 248
provisions of section 1 or 2 of this act shall provide each employee with 249
training on heat illness and the employer's procedures regarding heat 250
illness. Such training shall include, but need not be limited to, 251
information regarding: 252
(1) The environmental and personal risk factors for heat illness, 253
including the added burden of heat load on the body caused by exertion, 254
clothing and personal protective equipment; 255
(2) The employer's procedures for complying with the provisions of 256
sections 1 and 2 of this act, including the employee's right to exercise 257
such employee's rights under such sections without retaliation; 258
(3) The importance of frequent consumption of up to thirty-two 259
ounces of water per hour when the work environment is hot and the 260
employee is likely to be sweating more than usual in the performance of 261
such employee's duties; 262
(4) The concept, importance and methods of acclimatization; 263
(5) The different types of heat illness, the common signs and 264
symptoms of heat illness and appropriate first aid or emergency 265
responses to different types of heat illness; 266
(6) The importance of employees immediately reporting to the 267 Substitute Bill No. 830
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employer signs and symptoms of heat illness in such employee or in 268
other employees; 269
(7) The employer's emergency response procedures for responding to 270
signs and symptoms of possible heat illness, including how emergency 271
medical services will be provided should such services become 272
necessary; and 273
(8) The employer's emergency response procedures regarding the 274
contacting of emergency medical services and, if necessary, the 275
transportation of employees to a location where such employee is 276
reachable by an emergency medical service provider. 277
(b) In addition to the training required pursuant to subsection (a) of 278
this section, an employer shall provide training to supervisory 279
employees on the following: 280
(1) Supervisor-specific procedures required to implement the 281
provisions of sections 1 and 2 of this act; 282
(2) Supervisor-specific procedures required when an employee 283
exhibits signs or reports symptoms consistent with possible heat illness, 284
including emergency response procedures required pursuant to 285
subsection (e) of section 1 of this act and subsection (e) of section 2 of 286
this act; and 287
(3) How to monitor weather reports and how to respond to heat 288
advisories. 289
Sec. 4. (NEW) (Effective October 1, 2025) The provisions of sections 1 290
and 2 of this act shall not apply to employees responsible for emergency 291
operations directly involving the protection of life or property or the 292
restoration of essential services, including, but not limited to, instances 293
when an employee is engaged in evacuation services, rescue services, 294
emergency medical services, structural firefighting, law enforcement 295
services and utility repair. 296 Substitute Bill No. 830
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This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2025 New section
Sec. 2 October 1, 2025 New section
Sec. 3 October 1, 2025 New section
Sec. 4 October 1, 2025 New section
Statement of Legislative Commissioners:
In Section 1, in Subsec. (b), "provide" was changed to "establish and
maintain" for consistency with other provisions of the Subsec. and
"pursuant to" was changed to "in accordance with the provisions of" for
consistency with standard drafting conventions; in Subsec. (c),
"provided" was changed to "except" for consistency with standard
drafting conventions; Subsecs. (d) and (e) were rewritten for consistency
with standard drafting conventions; in Subsec. (g)(2), "such work site"
was changed to "an outdoor work site where the temperature exceeds
eighty degrees" for clarity; in Section 2, in Subsec. (b)(2), "temperature,"
was inserted before "date" for clarity; Subsecs. (c) to (e), inclusive, were
rewritten for clarity; in Subsec. (f)(2), "such working conditions" was
changed to "the working conditions described in subparagraphs (A) to
(C), inclusive, of subdivision (1) of this subsection" for clarity; in Section
3, in Subsec. (a), Subdivs. (7) and (8) were rewritten for clarity; and in
Section 4, "directly involved in" was changed to "directly involving" for
clarity.
LAB Joint Favorable Subst.