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AN ACT relating to heat injury prevention. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
SECTION 1. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 3
READ AS FOLLOWS: 4
As used in Sections 1 to 3 of this Act: 5
(1) "Acclimatization" means temporary adaptation of the body to work in the heat 6
that occurs gradually when a person is exposed to heat; 7
(2) "Agricultural business entity" means any person, partnership, limited 8
partnership, corporation, limited liability company, or any other entity engaged in 9
business that involves the processing, cleaning, packing, or storage of the results 10
from agricultural production; 11
(3) "Construction business services" means activity involving building, maintaining, 12
and repairing structures; 13
(4) "Heat illness" means a serious medical condition resulting from the body's 14
inability to cope with heated temperatures; 15
(5) "Heat index" means the measurement indicating the temperature felt by the 16
average person as a result of the combined effects of air temperature and 17
humidity; 18
(6) "Heat wave" means any day in which the predicted heat index for the day will be 19
at least ninety (90) degrees Fahrenheit and at least ten (10) degrees Fahrenheit 20
higher than the average high daily temperature in the preceding five (5) days; 21
(7) (a) "Landscaping services" means any person, partnership, limited 22
partnership, corporation, limited liability company, or any other entity 23
engaged in a business that provides landscape and maintenance services 24
including installing trees, shrubs, plants, lawns, or gardens, or providing 25
these services in conjunction with the design of landscape plans and the 26
construction of walkways, retaining walls, decks, fences, ponds, and similar 27 UNOFFICIAL COPY 25 RS BR 163
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structures. 1
(b) "Landscaping services" does not include services provided by an employer 2
who operates a fixed establishment where the work is to be performed and 3
where drinking water is plumbed; 4
(8) "Personal risk factors for heat illness" means factors such as an individual's age, 5
degree of acclimatization, health, water consumption, alcohol consumption, 6
caffeine consumption, and use of prescription medications that affect the body's 7
water retention or other physiological responses to heat; 8
(9) "Shade" means blockage of direct sunlight; and 9
(10) "Transportation and delivery services" means any person, partnership, limited 10
partnership, corporation, limited liability company, or any other entity engaged in 11
a business that involves the delivery of goods including packages, postage, 12
furniture, lumber, freight, cargo, cabinets, or industrial or commercial materials. 13
SECTION 2. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 14
READ AS FOLLOWS: 15
All employers shall maintain a written heat illness prevention plan at the worksite that 16
is available to employees and to the commissioner for inspection. The heat illness 17
prevention plan shall: 18
(1) Include that when the heat index exceeds ninety (90) degrees Fahrenheit, the 19
employer shall provide: 20
(a) One (1) or more shaded areas that are either open air or provided with 21
ventilation and cooling. The shaded areas shall be: 22
1. Large enough to accommodate the number of employees on rest or 23
recovery; 24
2. Located as close as practicable to the work zone; and 25
3. Present during meal periods for all employees on break at a given 26
time; 27 UNOFFICIAL COPY 25 RS BR 163
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(b) Potable cold, fresh, and pure drinking water of no less than one (1) quart 1
per hour provided free of charge and available for the entirety of a shift; 2
(c) Close supervision during a heat wave; and 3
(d) Close supervision for at least fourteen (14) days of an employee who is 4
newly assigned to a high heat area; 5
(2) Include that when the heat index exceeds one hundred (100) degrees Fahrenheit, 6
the employer shall: 7
(a) Provide effective communication by voice, observation, or electronic device 8
that allows employees at the worksite to contact a supervisor if an employee 9
suffers a heat illness; 10
(b) Designate a supervisor to provide oversight of employees for alertness and 11
signs or symptoms of a heat illness; 12
(c) Ensure effective employee monitoring by providing: 13
1. A supervisor or designee observation of twenty (20) or fewer 14
employees; 15
2. A mandatory buddy system; or 16
3. Regular communication with an employee such as by radio or cellular 17
phone; 18
(d) Designate one (1) or more employees on each worksite authorized to call for 19
emergency medical services; and 20
(e) Conduct preshift meetings to review the heat illness prevention procedures, 21
encourage employees to drink plenty of water, and instruct employees to 22
take a cool-down rest period if needed; 23
(3) Include emergency response procedures that require an employer to: 24
(a) Ensure effective communication by voice, observation, or electronic device 25
is maintained that enables employees to contact a supervisor or emergency 26
medical services in the event of heat illness; and 27 UNOFFICIAL COPY 25 RS BR 163
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(b) Respond appropriately to any report that an employee shows signs or 1
symptoms of heat illness; 2
(4) Be written in English and any other language spoken by employees; and 3
(5) Include training for supervisors and employees on the following topics: 4
(a) The environmental and personal risk factors for heat illness; 5
(b) The employer's responsibility to provide water, shade, rest breaks, and 6
access to first aid and emergency medical services with no retaliation to the 7
requesting employee; 8
(c) The importance of frequent water consumption; 9
(d) The concept, importance, and methods of acclimatization pursuant to the 10
employer's procedures under the heat illness prevention plan described in 11
this section; 12
(e) The different types of heat illnesses, including common signs or symptoms 13
and appropriate first aid and emergency medical services; 14
(f) The importance of employees to immediately report to the employer, directly 15
or through the employee's supervisor, any signs or symptoms of heat illness 16
the employee, or a coworker is experiencing; 17
(g) The employer's procedures for responding to signs or symptoms of possible 18
heat illness; 19
(h) The employer's procedures for contacting emergency medical services and 20
for transporting employees to a medical center, if necessary; and 21
(i) The employer's procedures for ensuring that clear and precise directions to 22
the worksite will be provided to emergency responders. 23
SECTION 3. A NEW SECTION OF KRS CHAPTER 338 IS CREATED TO 24
READ AS FOLLOWS: 25
(1) Sections 1 to 3 of this Act shall apply to all employers, employees, and places 26
throughout the Commonwealth that engage in the following: 27 UNOFFICIAL COPY 25 RS BR 163
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(a) Services provided by an agricultural business entity; 1
(b) Construction business services; 2
(c) Landscaping services; or 3
(d) Transportation and delivery services. 4
(2) The commissioner may promulgate administrative regulations in accordance with 5
KRS Chapter 13A to implement Sections 1 to 3 of this Act. 6
(3) Employers that are found to be in violation of Sections 1 to 3 of this Act shall be 7
subject to penalties under KRS 338.991(2). 8