23 | | - | (3) "Exertional heat stroke" means a life-threatening medical 7 |
---|
24 | | - | condition characterized by high core body temperature and central 8 |
---|
25 | | - | nervous system dysfunction, occurring during or after strenuous 9 |
---|
26 | | - | physical activity in hot and humid conditions; 10 |
---|
27 | | - | (4) "Heat illness" means a serious medical condition that results from 11 |
---|
28 | | - | the body's inability to cope with a particular heat load, including, but 12 |
---|
29 | | - | not limited to, heat cramps, heat exhaustion, heat syncope, heat stroke 13 |
---|
30 | | - | and exertional heat stroke; 14 |
---|
31 | | - | (5) "Shade" means a natural or artificial blockage of direct sunlight; 15 |
---|
32 | | - | and 16 Substitute Bill No. 830 |
---|
| 30 | + | (3) "Heat illness" means a serious medical condition that results from 7 |
---|
| 31 | + | the body's inability to cope with a particular heat load, including, but 8 |
---|
| 32 | + | not limited to, heat cramps, heat exhaustion, heat syncope and heat 9 |
---|
| 33 | + | stroke; 10 |
---|
| 34 | + | (4) "Shade" means a natural or artificial blockage of direct sunlight; 11 |
---|
| 35 | + | and 12 |
---|
| 36 | + | (5) "Temperature" means the dry bulb temperature in degrees 13 |
---|
| 37 | + | Committee Bill No. 830 |
---|
37 | | - | (6) "Temperature" means the dry bulb temperature in degrees 17 |
---|
38 | | - | Fahrenheit, as measured by a thermometer in an area where there is no 18 |
---|
39 | | - | shade. 19 |
---|
40 | | - | (b) (1) When the outdoor temperature exceeds eighty degrees, an 20 |
---|
41 | | - | employer who employs individuals in positions where a majority of the 21 |
---|
42 | | - | work is done in an outdoor setting, including, but not limited to, 22 |
---|
43 | | - | positions in the agricultural, construction or landscaping industry, shall 23 |
---|
44 | | - | establish and maintain one or more shade areas at all times employees 24 |
---|
45 | | - | are present at an outdoor work site. Such shade areas shall be (A) open 25 |
---|
46 | | - | to the air or have mechanical ventilation for cooling, (B) located as close 26 |
---|
47 | | - | as practicable to areas where employees are working, and (C) large 27 |
---|
48 | | - | enough to accommodate the number of employees taking breaks or 28 |
---|
49 | | - | meal periods so that each such employee can sit in a normal posture, 29 |
---|
50 | | - | fully in the shade, without having physical contact with another 30 |
---|
51 | | - | employee. 31 |
---|
52 | | - | (2) When the outdoor temperature is less than eighty degrees, an 32 |
---|
53 | | - | employer subject to the provisions of subsection (b) of this section shall 33 |
---|
54 | | - | (A) establish and maintain shade areas in accordance with the 34 |
---|
55 | | - | provisions of subdivision (1) of this subsection, or (B) allow employees 35 |
---|
56 | | - | reasonable access to shade located at the outdoor work site upon an 36 |
---|
57 | | - | employee's request. 37 |
---|
58 | | - | (3) An employer in the agricultural industry may satisfy the 38 |
---|
59 | | - | requirements of this subsection by implementing alternative cooling 39 |
---|
60 | | - | measures other than the shade areas pursuant to subdivision (1) of this 40 |
---|
61 | | - | subsection, including, but not limited to, the use of misting machines, if 41 |
---|
62 | | - | such employer can demonstrate that such alternative cooling measures 42 |
---|
63 | | - | are as effective as utilizing the shade areas pursuant to subdivision (1) 43 |
---|
64 | | - | of this subsection. 44 |
---|
65 | | - | (c) An employer subject to the provisions of subsection (b) of this 45 |
---|
66 | | - | section shall provide a sufficient supply of drinking water at no cost to 46 |
---|
67 | | - | its employees so that each employee is able to consume not less than 47 |
---|
68 | | - | thirty-two fluid ounces of water per hour for the duration of such 48 Substitute Bill No. 830 |
---|
| 42 | + | Fahrenheit, as measured by a thermometer in an area where there is no 14 |
---|
| 43 | + | shade. 15 |
---|
| 44 | + | (b) (1) When the outdoor temperature exceeds eighty degrees, an 16 |
---|
| 45 | + | employer who employs individuals in positions where a majority of the 17 |
---|
| 46 | + | work is done in an outdoor setting, including, but not limited to, 18 |
---|
| 47 | + | positions in the agricultural, construction or landscaping industry, shall 19 |
---|
| 48 | + | establish and maintain one or more shade areas at all times employees 20 |
---|
| 49 | + | are present at an outdoor work site. Such shade areas shall be (A) open 21 |
---|
| 50 | + | to the air or have mechanical ventilation for cooling, (B) located as close 22 |
---|
| 51 | + | as practicable to areas where employees are working, and (C) large 23 |
---|
| 52 | + | enough to accommodate the number of employees taking breaks or 24 |
---|
| 53 | + | meal periods so that each such employee can sit in a normal posture, 25 |
---|
| 54 | + | fully in the shade, without having physical contact with another 26 |
---|
| 55 | + | employee. 27 |
---|
| 56 | + | (2) When the outdoor temperature is less than eighty degrees, an 28 |
---|
| 57 | + | employer subject to the provisions of subsection (b) of this section shall 29 |
---|
| 58 | + | (A) provide shade areas pursuant to subdivision (1) of this subsection, 30 |
---|
| 59 | + | or (B) allow employees reasonable access to shade located at the outdoor 31 |
---|
| 60 | + | work site upon an employee's request. 32 |
---|
| 61 | + | (3) An employer in the agricultural industry may satisfy the 33 |
---|
| 62 | + | requirements of this subsection by implementing cooling measures 34 |
---|
| 63 | + | other than the shade areas pursuant to subdivision (1) of this subsection, 35 |
---|
| 64 | + | including, but not limited to, the use of misting machines, if such 36 |
---|
| 65 | + | employer can demonstrate that such cooling measures are as effective 37 |
---|
| 66 | + | as utilizing the shade areas pursuant to subdivision (1) of this 38 |
---|
| 67 | + | subsection. 39 |
---|
| 68 | + | (c) An employer subject to the provisions of subsection (b) of this 40 |
---|
| 69 | + | section shall provide a sufficient supply of drinking water, at no cost, to 41 |
---|
| 70 | + | employees so that each employee is able to consume not less than thirty-42 |
---|
| 71 | + | two fluid ounces of water per hour for the duration of such employee's 43 |
---|
| 72 | + | shift. If such drinking water is not plumbed or otherwise continuously 44 |
---|
| 73 | + | supplied, an employer may provide such supply of drinking water at 45 |
---|
| 74 | + | Committee Bill No. 830 |
---|
73 | | - | employee's shift, except if an employee is required to wear personal 49 |
---|
74 | | - | protective equipment, an employer shall provide an amount of such 50 |
---|
75 | | - | drinking water sufficient for such employee to consume not less than 51 |
---|
76 | | - | eighty ounces of water per hour. If such drinking water is not plumbed 52 |
---|
77 | | - | or otherwise continuously supplied, an employer may provide such 53 |
---|
78 | | - | supply of drinking water at the beginning of each employee's shift or in 54 |
---|
79 | | - | smaller quantities throughout an employee's shift. 55 |
---|
80 | | - | (d) (1) Any employer subject to the provisions of subsection (b) of this 56 |
---|
81 | | - | section shall provide reasonable breaks in the shade areas required 57 |
---|
82 | | - | pursuant to subdivision (1) of subsection (b) of this section to 58 |
---|
83 | | - | employees. Such breaks shall be permitted as necessary in order to allow 59 |
---|
84 | | - | an employee's body temperature to cool down and prevent overheating 60 |
---|
85 | | - | and shall be not less than five minutes in duration, not including the 61 |
---|
86 | | - | time the employee needs to access shade. 62 |
---|
87 | | - | (2) When an employee takes a break pursuant to this subsection, an 63 |
---|
88 | | - | employer shall monitor such employee for signs or symptoms of heat 64 |
---|
89 | | - | illness. If an employee is showing signs or experiencing symptoms of 65 |
---|
90 | | - | heat illness, an employer shall allow the employee to remain in the 66 |
---|
91 | | - | shade until such signs or symptoms subside, and, if necessary, 67 |
---|
92 | | - | implement the emergency response procedures required pursuant to 68 |
---|
93 | | - | subsection (e) of this section, except if an employee is showing signs or 69 |
---|
94 | | - | experiencing symptoms of exertional heat stroke, an employer shall 70 |
---|
95 | | - | immediately implement the emergency response procedures required 71 |
---|
96 | | - | pursuant to subsection (e) of this section. 72 |
---|
97 | | - | (e) An employer subject to the provisions of subsection (b) of this 73 |
---|
98 | | - | section shall develop and implement effective emergency response 74 |
---|
99 | | - | procedures for employees showing signs or experiencing symptoms of 75 |
---|
100 | | - | heat illness. Such emergency response procedures shall, at a minimum, 76 |
---|
101 | | - | include (1) first aid measures, including, but not limited to, whole body 77 |
---|
102 | | - | cooling measures for employees showing signs or experiencing 78 |
---|
103 | | - | symptoms of exertional heat stroke, and (2) the implementation of an 79 |
---|
104 | | - | emergency medical plan to ensure the rapid provision of medical 80 |
---|
105 | | - | services to employees showing signs or experiencing symptoms of heat 81 Substitute Bill No. 830 |
---|
| 79 | + | the beginning of each employee's shift or in smaller quantities 46 |
---|
| 80 | + | throughout an employee's shift. 47 |
---|
| 81 | + | (d) (1) Any employer subject to the provisions of subsection (b) of this 48 |
---|
| 82 | + | section shall provide reasonable breaks in the shade areas required 49 |
---|
| 83 | + | pursuant to subdivision (1) of subsection (b) of this section to 50 |
---|
| 84 | + | employees. Such breaks shall be permitted as necessary in order to allow 51 |
---|
| 85 | + | an employee's body temperature to cool down and prevent overheating 52 |
---|
| 86 | + | and shall be not less than five minutes in duration, not including the 53 |
---|
| 87 | + | time the employee needs to access shade. 54 |
---|
| 88 | + | (2) When an employee takes a break pursuant to this subsection, an 55 |
---|
| 89 | + | employer shall monitor such employee for signs or symptoms of heat 56 |
---|
| 90 | + | illness. If an employee is showing signs or experiencing symptoms of 57 |
---|
| 91 | + | heat illness, an employer shall allow the employee to remain in the 58 |
---|
| 92 | + | shade until such signs or symptoms subside, and, if necessary, 59 |
---|
| 93 | + | implement emergency response procedures established pursuant to 60 |
---|
| 94 | + | subsection (e) of this section. 61 |
---|
| 95 | + | (e) An employer subject to the provisions of subsection (b) of this 62 |
---|
| 96 | + | section shall develop and implement effective emergency response 63 |
---|
| 97 | + | procedures for employees showing signs or experiencing symptoms of 64 |
---|
| 98 | + | heat illness, including, but not limited to, first aid measures and 65 |
---|
| 99 | + | implementing an emergency medical plan to ensure the rapid provision 66 |
---|
| 100 | + | of medical services to employees showing signs or experiencing 67 |
---|
| 101 | + | symptoms of heat illness, including transportation of such employee if 68 |
---|
| 102 | + | the outdoor work site is not in proximity to emergency medical services. 69 |
---|
| 103 | + | (f) An employer subject to the provisions of subsection (b) of this 70 |
---|
| 104 | + | section shall implement additional high heat practices when the 71 |
---|
| 105 | + | temperature at the outdoor work site equals or exceeds ninety-five 72 |
---|
| 106 | + | degrees, which practices shall, to the extent possible, include: 73 |
---|
| 107 | + | (1) Ensuring that employees at such work site can contact a 74 |
---|
| 108 | + | supervisor by maintaining effective communication by voice or an 75 |
---|
| 109 | + | electronic device. If an employer chooses to utilize an electronic device, 76 |
---|
| 110 | + | Committee Bill No. 830 |
---|
110 | | - | illness, including, but not limited to, transportation of such employee if 82 |
---|
111 | | - | the outdoor work site is not in proximity to emergency medical services. 83 |
---|
112 | | - | (f) An employer subject to the provisions of subsection (b) of this 84 |
---|
113 | | - | section shall implement additional high heat practices when the 85 |
---|
114 | | - | temperature at the outdoor work site equals or exceeds ninety degrees. 86 |
---|
115 | | - | Such practices shall, to the extent possible, include: 87 |
---|
116 | | - | (1) Ensuring that employees at such work site are able to contact a 88 |
---|
117 | | - | supervisor by maintaining effective communication by voice or an 89 |
---|
118 | | - | electronic device. If an employer chooses to utilize an electronic device, 90 |
---|
119 | | - | including, but not limited to, a cell phone or text messaging device, such 91 |
---|
120 | | - | employer shall ensure reception in the area is reliable; 92 |
---|
121 | | - | (2) Monitoring employees for signs and symptoms of heat illness by 93 |
---|
122 | | - | designating a supervisor, or a supervisor's designee, to observe twenty 94 |
---|
123 | | - | or fewer employees or by implementing a mandatory buddy system or 95 |
---|
124 | | - | other effective means of observation; 96 |
---|
125 | | - | (3) Designating one or more employees at such work site to call for 97 |
---|
126 | | - | emergency medical services when needed and allowing other 98 |
---|
127 | | - | employees to call for emergency medical services when such designated 99 |
---|
128 | | - | employees are unavailable; 100 |
---|
129 | | - | (4) Reminding employees throughout the work shift to drink plenty 101 |
---|
130 | | - | of water and to take breaks pursuant to subsection (d) of this section; 102 |
---|
131 | | - | (5) Implementing a schedule to provide employees a preventative 103 |
---|
132 | | - | cool-down rest period of not less than ten minutes every two hours. 104 |
---|
133 | | - | Such rest period may be provided concurrently with a meal or rest 105 |
---|
134 | | - | period required under state or federal law; and 106 |
---|
135 | | - | (6) Holding meetings before the commencement of a work shift to 107 |
---|
136 | | - | review the high heat practices required pursuant to this subsection. 108 |
---|
137 | | - | (g) An employer subject to the provisions of subsection (b) of this 109 |
---|
138 | | - | section shall develop and implement effective acclimatization practices 110 |
---|
139 | | - | for (1) new employees assigned to work at an outdoor work site where 111 Substitute Bill No. 830 |
---|
| 115 | + | including, but not limited to, a cell phone or text messaging device, such 77 |
---|
| 116 | + | employer shall ensure reception in the area is reliable; 78 |
---|
| 117 | + | (2) Monitoring employees for signs and symptoms of heat illness by 79 |
---|
| 118 | + | designating a supervisor, or a supervisor's designee, to observe twenty 80 |
---|
| 119 | + | or fewer employees or by implementing a mandatory buddy system or 81 |
---|
| 120 | + | other effective means of observation; 82 |
---|
| 121 | + | (3) Designating one or more employees at such work site to call for 83 |
---|
| 122 | + | emergency medical services when needed and allow ing other 84 |
---|
| 123 | + | employees to call for emergency medical services when such designated 85 |
---|
| 124 | + | employees are unavailable; 86 |
---|
| 125 | + | (4) Reminding employees throughout the work shift to drink plenty 87 |
---|
| 126 | + | of water and to take breaks pursuant to subsection (d) of this section; 88 |
---|
| 127 | + | (5) Implementing a schedule to provide employees a preventative 89 |
---|
| 128 | + | cool-down rest period of not less than ten minutes every two hours. 90 |
---|
| 129 | + | Such rest period may be provided concurrently with a meal or rest 91 |
---|
| 130 | + | period required under state or federal law; and 92 |
---|
| 131 | + | (6) Holding meetings before the commencement of a work shift to 93 |
---|
| 132 | + | review the high heat practices required pursuant to this subsection. 94 |
---|
| 133 | + | (g) An employer subject to the provisions of subsection (b) of this 95 |
---|
| 134 | + | section shall develop and implement effective acclimatization practices 96 |
---|
| 135 | + | in order to allow new employees assigned to work at an outdoor work 97 |
---|
| 136 | + | site where the temperature exceeds eighty degrees to gradually adapt to 98 |
---|
| 137 | + | such working conditions. 99 |
---|
| 138 | + | Sec. 2. (NEW) (Effective October 1, 2025) (a) For the purposes of this 100 |
---|
| 139 | + | section: 101 |
---|
| 140 | + | (1) "Drinking water" means potable water that is suitable to drink and 102 |
---|
| 141 | + | is a temperature of not more than seventy-seven degrees; 103 |
---|
| 142 | + | (2) "Emergency medical service" means the provision of care by a 104 |
---|
| 143 | + | Committee Bill No. 830 |
---|
144 | | - | the temperature exceeds eighty degrees, and (2) employees returning to 112 |
---|
145 | | - | an outdoor work site where the temperature exceeds eighty degrees 113 |
---|
146 | | - | after not working at such work site for fourteen or more consecutive 114 |
---|
147 | | - | days, in order for such employees to gradually adapt to such working 115 |
---|
148 | | - | conditions. Such practices shall start such employees at twenty per cent 116 |
---|
149 | | - | of an employee's normal work load and increase such work load by 117 |
---|
150 | | - | twenty per cent each day until one hundred per cent of such employee's 118 |
---|
151 | | - | work load is reached. 119 |
---|
152 | | - | (h) The provisions of this section shall not apply to an employee who 120 |
---|
153 | | - | drives an air-conditioned or fan-ventilated vehicle and may experience 121 |
---|
154 | | - | some heat exposure for duties conducted outside such vehicle, provided 122 |
---|
155 | | - | such employee has unrestricted access to such vehicle. 123 |
---|
156 | | - | Sec. 2. (NEW) (Effective October 1, 2025) (a) For the purposes of this 124 |
---|
157 | | - | section: 125 |
---|
158 | | - | (1) "Drinking water" means potable water that is suitable to drink and 126 |
---|
159 | | - | is a temperature of not more than seventy-seven degrees; 127 |
---|
160 | | - | (2) "Emergency medical service" means the provision of care by a 128 |
---|
161 | | - | medically trained person, including, but not limited to, services 129 |
---|
162 | | - | provided by a hospital, clinic, ambulance, disaster car or rescue vehicle; 130 |
---|
163 | | - | (3) "Exertional heat stroke" means a life-threatening medical 131 |
---|
164 | | - | condition characterized by high core body temperature and central 132 |
---|
165 | | - | nervous system dysfunction, occurring during or after strenuous 133 |
---|
166 | | - | physical activity in hot and humid conditions; 134 |
---|
167 | | - | (4) "Heat illness" means a serious medical condition that results from 135 |
---|
168 | | - | the body's inability to cope with a particular heat load, including, but 136 |
---|
169 | | - | not limited to, heat cramps, heat exhaustion, heat syncope, heat stroke 137 |
---|
170 | | - | and exertional heat stroke; and 138 |
---|
171 | | - | (5) "Temperature" means the dry bulb temperature in degrees 139 |
---|
172 | | - | Fahrenheit, as measured by a thermometer in an area where there is no 140 |
---|
173 | | - | shade. 141 Substitute Bill No. 830 |
---|
| 148 | + | medically trained person, including, but not limited to, services 105 |
---|
| 149 | + | provided by a hospital, clinic, ambulance, disaster car or rescue vehicle; 106 |
---|
| 150 | + | (3) "Heat illness" means a serious medical condition that results from 107 |
---|
| 151 | + | the body's inability to cope with a particular heat load, including, but 108 |
---|
| 152 | + | not limited to, heat cramps, heat exhaustion, heat syncope and heat 109 |
---|
| 153 | + | stroke; and 110 |
---|
| 154 | + | (4) "Temperature" means the dry bulb temperature in degrees 111 |
---|
| 155 | + | Fahrenheit, as measured by a thermometer in an area where there is no 112 |
---|
| 156 | + | shade. 113 |
---|
| 157 | + | (b) (1) When the outdoor temperature exceeds eighty degrees, an 114 |
---|
| 158 | + | employer shall measure the temperature and heat index at an indoor 115 |
---|
| 159 | + | work area that does not have effective or functioning air conditioning 116 |
---|
| 160 | + | and record whichever measurement is greater. 117 |
---|
| 161 | + | (2) The records required pursuant to subdivision (1) of this subsection 118 |
---|
| 162 | + | shall include the date, time and specific location of all measurements. 119 |
---|
| 163 | + | Any records required pursuant to this section shall be maintained by an 120 |
---|
| 164 | + | employer for a period of at least one year and made available to 121 |
---|
| 165 | + | employees upon request. 122 |
---|
| 166 | + | (3) An employer shall take measurements required pursuant to 123 |
---|
| 167 | + | subdivision (1) of this subsection again when the temperature or heat 124 |
---|
| 168 | + | index is expected to be ten degrees higher than the previous 125 |
---|
| 169 | + | measurement and at times when employee exposure to heat illness is 126 |
---|
| 170 | + | expected to be the greatest. 127 |
---|
| 171 | + | (c) At times when the temperature at such indoor work areas 128 |
---|
| 172 | + | described in subsection (b) of this section equals or exceeds eighty-two 129 |
---|
| 173 | + | degrees, an employer shall: 130 |
---|
| 174 | + | (1) Establish and maintain one or more cool-down areas at all times 131 |
---|
| 175 | + | when employees are present at such indoor work area, except where the 132 |
---|
| 176 | + | employer can demonstrate that the establishment of such cool-down 133 |
---|
| 177 | + | areas is impracticable. Such cool-down area shall (A) maintain a 134 |
---|
| 178 | + | Committee Bill No. 830 |
---|
178 | | - | (b) (1) When the outdoor temperature exceeds eighty degrees, an 142 |
---|
179 | | - | employer shall measure the temperature at an indoor work area that 143 |
---|
180 | | - | does not have effective or functioning air conditioning and make a 144 |
---|
181 | | - | record of such measurement. 145 |
---|
182 | | - | (2) The records required pursuant to subdivision (1) of this subsection 146 |
---|
183 | | - | shall include the temperature, date, time and specific location of all 147 |
---|
184 | | - | measurements. Any records required pursuant to this section shall be 148 |
---|
185 | | - | maintained by an employer for a period of at least one year and made 149 |
---|
186 | | - | available to employees upon request. 150 |
---|
187 | | - | (3) An employer shall take measurements required pursuant to 151 |
---|
188 | | - | subdivision (1) of this subsection again when the temperature is 152 |
---|
189 | | - | expected to be ten degrees higher than the previous measurement and 153 |
---|
190 | | - | at times when employee exposure to heat illness is expected to be the 154 |
---|
191 | | - | greatest. 155 |
---|
192 | | - | (c) At times when the temperature in such indoor work areas 156 |
---|
193 | | - | described in subsection (b) of this section equals or exceeds eighty-two 157 |
---|
194 | | - | degrees, an employer shall: 158 |
---|
195 | | - | (1) Establish and maintain one or more cool-down areas during times 159 |
---|
196 | | - | when employees are present at such indoor work area, except when the 160 |
---|
197 | | - | employer can demonstrate that the establishment of such cool-down 161 |
---|
198 | | - | areas is impracticable. Such cool-down area shall (A) maintain a 162 |
---|
199 | | - | temperature of less than eighty-two degrees, (B) be located as close as 163 |
---|
200 | | - | practicable to areas where employees are working, and (C) be large 164 |
---|
201 | | - | enough to accommodate the number of employees taking breaks or 165 |
---|
202 | | - | meal periods; 166 |
---|
203 | | - | (2) Provide a sufficient supply of drinking water at no cost to its 167 |
---|
204 | | - | employees so that each employee is able to consume not less than thirty-168 |
---|
205 | | - | two fluid ounces of water per hour for the duration of such employee's 169 |
---|
206 | | - | shift, except if an employee is required to wear personal protective 170 |
---|
207 | | - | equipment, an employer shall provide an amount of such drinking 171 |
---|
208 | | - | water sufficient for such employee to consume not less than eighty 172 |
---|
209 | | - | ounces of water per hour. If such drinking water is not plumbed or 173 Substitute Bill No. 830 |
---|
| 183 | + | temperature of less than eighty-two degrees, (B) be located as close as 135 |
---|
| 184 | + | practicable to areas where employees are working, and (C) be large 136 |
---|
| 185 | + | enough to accommodate the number of employees taking breaks or 137 |
---|
| 186 | + | meal periods; 138 |
---|
| 187 | + | (2) Provide a sufficient supply of drinking water, at no cost, to 139 |
---|
| 188 | + | employees so that each employee is able to consume not less than thirty-140 |
---|
| 189 | + | two fluid ounces of water per hour for the duration of such employee's 141 |
---|
| 190 | + | shift. If such drinking water is not plumbed or otherwise continuously 142 |
---|
| 191 | + | supplied, an employer shall provide such supply of drinking water at 143 |
---|
| 192 | + | the beginning of each employee's shift or in smaller quantities 144 |
---|
| 193 | + | throughout an employee's shift; and 145 |
---|
| 194 | + | (3) Provide reasonable breaks in the cool-down areas required 146 |
---|
| 195 | + | pursuant to subdivision (1) of this subsection. Such breaks shall be 147 |
---|
| 196 | + | permitted as necessary in order to allow an employee's body 148 |
---|
| 197 | + | temperature to cool down and prevent overheating and shall be not less 149 |
---|
| 198 | + | than five minutes in duration, not including the time the employee 150 |
---|
| 199 | + | needs to access such cool-down area. When an employee takes a break 151 |
---|
| 200 | + | pursuant to this subdivision, an employer shall monitor such employee 152 |
---|
| 201 | + | for signs or symptoms of heat illness. If an employee is showing signs 153 |
---|
| 202 | + | or experiencing symptoms of heat illness, an employer shall allow the 154 |
---|
| 203 | + | employee to remain in the shade until such signs or symptoms subside, 155 |
---|
| 204 | + | and, if necessary, implement emergency response procedures 156 |
---|
| 205 | + | established pursuant to subsection (e) of this section. 157 |
---|
| 206 | + | (d) An employer shall monitor an indoor work area temperature and 158 |
---|
| 207 | + | heat index for indoor work areas described in subsection (a) of this 159 |
---|
| 208 | + | section and implement control measures (1) when such temperature or 160 |
---|
| 209 | + | heat index equals or exceeds eighty-seven degrees, or (2) where 161 |
---|
| 210 | + | individuals employed at such indoor work area are required to wear 162 |
---|
| 211 | + | clothing that restricts heat removal or to work in a high radiant heat 163 |
---|
| 212 | + | area, when such temperature or heat index equals or exceeds eighty-164 |
---|
| 213 | + | seven degrees. Such control measures may include: 165 |
---|
| 214 | + | (A) Implementing engineering controls, including, but not limited to, 166 |
---|
| 215 | + | Committee Bill No. 830 |
---|
214 | | - | otherwise continuously supplied, an employer shall provide such 174 |
---|
215 | | - | supply of drinking water at the beginning of each employee's shift or in 175 |
---|
216 | | - | smaller quantities throughout an employee's shift; and 176 |
---|
217 | | - | (3) Provide reasonable breaks in the cool-down areas required 177 |
---|
218 | | - | pursuant to subdivision (1) of this subsection. Such breaks shall be 178 |
---|
219 | | - | permitted as necessary in order to allow an employee's body 179 |
---|
220 | | - | temperature to cool down and prevent overheating and shall be not less 180 |
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221 | | - | than five minutes in duration, not including the time the employee 181 |
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222 | | - | needs to access such cool-down area. When an employee takes a break 182 |
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223 | | - | pursuant to this subdivision, an employer shall monitor such employee 183 |
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224 | | - | for signs or symptoms of heat illness. If an employee is showing signs 184 |
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225 | | - | or experiencing symptoms of heat illness, an employer shall allow the 185 |
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226 | | - | employee to remain in the cool-down area until such signs or symptoms 186 |
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227 | | - | subside, and, if necessary, implement the emergency response 187 |
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228 | | - | procedures established required pursuant to subsection (e) of this 188 |
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229 | | - | section, except if an employee is showing signs or experiencing 189 |
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230 | | - | symptoms of exertional heat stroke, an employer shall immediately 190 |
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231 | | - | implement the emergency response procedures established pursuant to 191 |
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232 | | - | subsection (e) of this section. 192 |
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233 | | - | (d) An employer shall monitor the temperature of an indoor work 193 |
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234 | | - | area for indoor work areas described in subsection (a) of this section and 194 |
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235 | | - | implement control measures (1) when such temperature equals or 195 |
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236 | | - | exceeds eighty-seven degrees, or (2) where individuals employed at 196 |
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237 | | - | such indoor work area are required to wear clothing that restricts heat 197 |
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238 | | - | removal or work in a high radiant heat area, when such temperature 198 |
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239 | | - | equals or exceeds eighty-seven degrees. Such control measures may 199 |
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240 | | - | include: 200 |
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241 | | - | (A) Implementing engineering controls, including, but not limited to, 201 |
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242 | | - | air conditioning, cooling fans, cooling mist fans, evaporative coolers, 202 |
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243 | | - | natural ventilation or local exhaust ventilation, in order to reduce and 203 |
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244 | | - | maintain the temperature of such indoor work area to (i) below eighty-204 |
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245 | | - | seven degrees, or (ii) where individuals employed at such indoor work 205 |
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246 | | - | area are required to wear clothing that restricts heat removal or to work 206 Substitute Bill No. 830 |
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| 220 | + | air conditioning, cooling fans, cooling mist fans, evaporative coolers, 167 |
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| 221 | + | natural ventilation or local exhaust ventilation, in order to reduce and 168 |
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| 222 | + | maintain the temperature at such indoor work area to (i) below eighty-169 |
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| 223 | + | seven degrees, or (ii) where individuals employed at such indoor work 170 |
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| 224 | + | area are required to wear clothing that restricts heat removal or to work 171 |
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| 225 | + | in a high radiant heat area, below eighty-two degrees; 172 |
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| 226 | + | (B) Implementing administrative controls in order to limit exposure 173 |
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| 227 | + | to heat illness, including, but not limited to, rotating employees, 174 |
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| 228 | + | scheduling work earlier or later in the day, implementing rest schedules, 175 |
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| 229 | + | reducing work intensity or speed, reducing work hours, using relief 176 |
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| 230 | + | workers and changing required work clothing; or 177 |
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| 231 | + | (C) Providing personal heat-protective equipment, including, but not 178 |
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| 232 | + | limited to, water-cooled garments, air-cooled garments, cooling vests, 179 |
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| 233 | + | wetted overgarments and heat-reflective clothing. 180 |
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| 234 | + | (e) An employer subject to the provisions of subsections (b) to (d), 181 |
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| 235 | + | inclusive, of this section shall develop and implement effective 182 |
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| 236 | + | emergency response procedures for employees experiencing symptoms 183 |
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| 237 | + | of heat illness, including, but not limited to, procedures for: 184 |
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| 238 | + | (1) Ensuring that employees at the work site can contact a supervisor 185 |
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| 239 | + | by maintaining effective communication by voice or an electronic 186 |
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| 240 | + | device. If an employer chooses to utilize an electronic device, including, 187 |
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| 241 | + | but not limited to, a cell phone or text messaging device, such employer 188 |
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| 242 | + | shall ensure reception in the area is reliable; and 189 |
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| 243 | + | (2) Responding to signs and symptoms of heat illness, including, but 190 |
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| 244 | + | not limited to, first aid measures and implementing an emergency 191 |
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| 245 | + | medical plan to ensure the rapid provision of medical services to 192 |
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| 246 | + | employees showing signs or experiencing symptoms of heat illness. 193 |
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| 247 | + | (f) An employer subject to the provisions of subsections (b) to (d), 194 |
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| 248 | + | inclusive, of this section shall develop and implement effective 195 |
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| 249 | + | acclimatization practices in order to allow new employees assigned to 196 |
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| 250 | + | Committee Bill No. 830 |
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251 | | - | in a high radiant heat area, below eighty-two degrees; 207 |
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252 | | - | (B) Implementing administrative controls in order to limit exposure 208 |
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253 | | - | to heat illness, including, but not limited to, rotating employees, 209 |
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254 | | - | scheduling work earlier or later in the day, implementing rest schedules, 210 |
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255 | | - | reducing work intensity or speed, reducing work hours, using relief 211 |
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256 | | - | workers and changing required work clothing; or 212 |
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257 | | - | (C) Providing personal heat-protective equipment, including, but not 213 |
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258 | | - | limited to, water-cooled garments, air-cooled garments, cooling vests, 214 |
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259 | | - | wetted overgarments and heat-reflective clothing. 215 |
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260 | | - | (e) An employer subject to the provisions of subsections (b) to (d), 216 |
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261 | | - | inclusive, of this section shall develop and implement effective 217 |
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262 | | - | emergency response procedures for employees showing signs or 218 |
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263 | | - | experiencing symptoms of heat illness. Such emergency response 219 |
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264 | | - | procedures shall, at a minimum, include procedures for: 220 |
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265 | | - | (1) Ensuring that employees at the work site can contact a supervisor 221 |
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266 | | - | by maintaining effective communication by voice or an electronic 222 |
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267 | | - | device. If an employer chooses to utilize an electronic device, including, 223 |
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268 | | - | but not limited to, a cell phone or text messaging device, such employer 224 |
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269 | | - | shall ensure reception in the area is reliable; and 225 |
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270 | | - | (2) Responding to employees showing signs and symptoms of heat 226 |
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271 | | - | illness, which shall include, but need not be limited to, (A) first aid 227 |
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272 | | - | measures, including, but not limited to, whole body cooling measures 228 |
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273 | | - | for employees showing signs or experiencing symptoms of exertional 229 |
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274 | | - | heat stroke, and (B) implementing an emergency medical plan to ensure 230 |
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275 | | - | the rapid provision of medical services to employees showing signs or 231 |
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276 | | - | experiencing symptoms of heat illness. 232 |
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277 | | - | (f) An employer subject to the provisions of subsections (b) to (d), 233 |
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278 | | - | inclusive, of this section shall develop and implement effective 234 |
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279 | | - | acclimatization practices for (1) new employees (A) assigned to work at 235 |
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280 | | - | indoor work areas where the temperature exceeds eighty-seven degrees, 236 |
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281 | | - | (B) required to wear clothing that restricts heat removal at indoor work 237 Substitute Bill No. 830 |
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| 255 | + | work at indoor work areas where the temperature exceeds eighty-seven 197 |
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| 256 | + | degrees or, where individuals employed at such indoor work areas are 198 |
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| 257 | + | required to wear clothing that restricts heat removal or to work in a high 199 |
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| 258 | + | radiant heat area, exceeds eighty-two degrees, in order to allow such 200 |
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| 259 | + | employees to gradually adapt to such working conditions. 201 |
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| 260 | + | Sec. 3. (NEW) (Effective October 1, 2025) (a) An employer subject to the 202 |
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| 261 | + | provisions of section 1 or 2 of this act shall provide each employee with 203 |
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| 262 | + | training on heat illness and the employer's procedures regarding heat 204 |
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| 263 | + | illness. Such training shall include, but not be limited to, information 205 |
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| 264 | + | regarding: 206 |
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| 265 | + | (1) The environmental and personal risk factors for heat illness, 207 |
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| 266 | + | including the added burden of heat load on the body caused by exertion, 208 |
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| 267 | + | clothing and personal protective equipment; 209 |
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| 268 | + | (2) The employer's procedures for complying with the provisions of 210 |
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| 269 | + | sections 1 and 2 of this act, including the employee's right to exercise 211 |
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| 270 | + | such employee's rights under such sections without retaliation; 212 |
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| 271 | + | (3) The importance of frequent consumption of up to thirty-two 213 |
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| 272 | + | ounces of water per hour when the work environment is hot and the 214 |
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| 273 | + | employee is likely to be sweating more than usual in the performance of 215 |
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| 274 | + | such employee's duties; 216 |
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| 275 | + | (4) The concept, importance and methods of acclimatization; 217 |
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| 276 | + | (5) The different types of heat illness, the common signs and 218 |
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| 277 | + | symptoms of heat illness and appropriate first aid or emergency 219 |
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| 278 | + | responses to different types of heat illness; 220 |
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| 279 | + | (6) The importance of employees immediately reporting to the 221 |
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| 280 | + | employer signs and symptoms of heat illness in such employee or in 222 |
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| 281 | + | other employees; 223 |
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| 282 | + | (7) The employer's procedures for responding to signs and symptoms 224 |
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| 283 | + | of possible heat illness, including how emergency medical services will 225 |
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| 284 | + | Committee Bill No. 830 |
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286 | | - | areas where the temperature exceeds eighty-two degrees, or (C) 238 |
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287 | | - | assigned to work in a high radiant heat area that exceeds eighty-two 239 |
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288 | | - | degrees, and (2) employees returning to the working conditions 240 |
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289 | | - | described in subparagraphs (A) to (C), inclusive, of subdivision (1) of 241 |
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290 | | - | this subsection after not working for fourteen or more consecutive days, 242 |
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291 | | - | in order for such employees to gradually adapt to such working 243 |
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292 | | - | conditions. Such practices shall start such employees at twenty per cent 244 |
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293 | | - | of an employee's normal work load and increase such work load by 245 |
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294 | | - | twenty per cent each day until one hundred per cent of such employee's 246 |
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295 | | - | work load is reached. 247 |
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296 | | - | Sec. 3. (NEW) (Effective October 1, 2025) (a) An employer subject to the 248 |
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297 | | - | provisions of section 1 or 2 of this act shall provide each employee with 249 |
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298 | | - | training on heat illness and the employer's procedures regarding heat 250 |
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299 | | - | illness. Such training shall include, but need not be limited to, 251 |
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300 | | - | information regarding: 252 |
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301 | | - | (1) The environmental and personal risk factors for heat illness, 253 |
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302 | | - | including the added burden of heat load on the body caused by exertion, 254 |
---|
303 | | - | clothing and personal protective equipment; 255 |
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304 | | - | (2) The employer's procedures for complying with the provisions of 256 |
---|
305 | | - | sections 1 and 2 of this act, including the employee's right to exercise 257 |
---|
306 | | - | such employee's rights under such sections without retaliation; 258 |
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307 | | - | (3) The importance of frequent consumption of up to thirty-two 259 |
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308 | | - | ounces of water per hour when the work environment is hot and the 260 |
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309 | | - | employee is likely to be sweating more than usual in the performance of 261 |
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310 | | - | such employee's duties; 262 |
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311 | | - | (4) The concept, importance and methods of acclimatization; 263 |
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312 | | - | (5) The different types of heat illness, the common signs and 264 |
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313 | | - | symptoms of heat illness and appropriate first aid or emergency 265 |
---|
314 | | - | responses to different types of heat illness; 266 |
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315 | | - | (6) The importance of employees immediately reporting to the 267 Substitute Bill No. 830 |
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316 | | - | |
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317 | | - | |
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318 | | - | LCO 10 of 11 |
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319 | | - | |
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320 | | - | employer signs and symptoms of heat illness in such employee or in 268 |
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321 | | - | other employees; 269 |
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322 | | - | (7) The employer's emergency response procedures for responding to 270 |
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323 | | - | signs and symptoms of possible heat illness, including how emergency 271 |
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324 | | - | medical services will be provided should such services become 272 |
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325 | | - | necessary; and 273 |
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326 | | - | (8) The employer's emergency response procedures regarding the 274 |
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327 | | - | contacting of emergency medical services and, if necessary, the 275 |
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328 | | - | transportation of employees to a location where such employee is 276 |
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329 | | - | reachable by an emergency medical service provider. 277 |
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330 | | - | (b) In addition to the training required pursuant to subsection (a) of 278 |
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331 | | - | this section, an employer shall provide training to supervisory 279 |
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332 | | - | employees on the following: 280 |
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333 | | - | (1) Supervisor-specific procedures required to implement the 281 |
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334 | | - | provisions of sections 1 and 2 of this act; 282 |
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335 | | - | (2) Supervisor-specific procedures required when an employee 283 |
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336 | | - | exhibits signs or reports symptoms consistent with possible heat illness, 284 |
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337 | | - | including emergency response procedures required pursuant to 285 |
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338 | | - | subsection (e) of section 1 of this act and subsection (e) of section 2 of 286 |
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339 | | - | this act; and 287 |
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340 | | - | (3) How to monitor weather reports and how to respond to heat 288 |
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341 | | - | advisories. 289 |
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342 | | - | Sec. 4. (NEW) (Effective October 1, 2025) The provisions of sections 1 290 |
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343 | | - | and 2 of this act shall not apply to employees responsible for emergency 291 |
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344 | | - | operations directly involving the protection of life or property or the 292 |
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345 | | - | restoration of essential services, including, but not limited to, instances 293 |
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346 | | - | when an employee is engaged in evacuation services, rescue services, 294 |
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347 | | - | emergency medical services, structural firefighting, law enforcement 295 |
---|
348 | | - | services and utility repair. 296 Substitute Bill No. 830 |
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349 | | - | |
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350 | | - | |
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351 | | - | LCO 11 of 11 |
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352 | | - | |
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| 289 | + | be provided should such services become necessary; and 226 |
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| 290 | + | (8) The employer's procedures for contacting emergency medical 227 |
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| 291 | + | services and, if necessary, for transporting employees to a point where 228 |
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| 292 | + | such employee is reachable by an emergency medical service provider. 229 |
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| 293 | + | (b) In addition to the training required pursuant to subsection (a) of 230 |
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| 294 | + | this section, an employer shall provide training to supervisory 231 |
---|
| 295 | + | employees on the following: 232 |
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| 296 | + | (1) Supervisor-specific procedures required to implement the 233 |
---|
| 297 | + | provisions of sections 1 and 2 of this act; 234 |
---|
| 298 | + | (2) Supervisor-specific procedures required when an employee 235 |
---|
| 299 | + | exhibits signs or reports symptoms consistent with possible heat illness, 236 |
---|
| 300 | + | including emergency response procedures required pursuant to 237 |
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| 301 | + | subsection (e) of section 1 of this act and subsection (e) of section 2 of 238 |
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| 302 | + | this act; and 239 |
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| 303 | + | (3) How to monitor weather reports and how to respond to heat 240 |
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| 304 | + | advisories. 241 |
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361 | | - | Statement of Legislative Commissioners: |
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362 | | - | In Section 1, in Subsec. (b), "provide" was changed to "establish and |
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363 | | - | maintain" for consistency with other provisions of the Subsec. and |
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364 | | - | "pursuant to" was changed to "in accordance with the provisions of" for |
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365 | | - | consistency with standard drafting conventions; in Subsec. (c), |
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366 | | - | "provided" was changed to "except" for consistency with standard |
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367 | | - | drafting conventions; Subsecs. (d) and (e) were rewritten for consistency |
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368 | | - | with standard drafting conventions; in Subsec. (g)(2), "such work site" |
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369 | | - | was changed to "an outdoor work site where the temperature exceeds |
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370 | | - | eighty degrees" for clarity; in Section 2, in Subsec. (b)(2), "temperature," |
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371 | | - | was inserted before "date" for clarity; Subsecs. (c) to (e), inclusive, were |
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372 | | - | rewritten for clarity; in Subsec. (f)(2), "such working conditions" was |
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373 | | - | changed to "the working conditions described in subparagraphs (A) to |
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374 | | - | (C), inclusive, of subdivision (1) of this subsection" for clarity; in Section |
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375 | | - | 3, in Subsec. (a), Subdivs. (7) and (8) were rewritten for clarity; and in |
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376 | | - | Section 4, "directly involved in" was changed to "directly involving" for |
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377 | | - | clarity. |
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| 312 | + | Statement of Purpose: |
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| 313 | + | To create safety standards to prevent employee exposure to the risk of |
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| 314 | + | heat-related illness. |
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