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SENATE DOCKET, NO. 2308 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1219
The Commonwealth of Massachusetts
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PRESENTED BY:
Rebecca L. Rausch
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to establish a standard for prevention of heat illness in outdoor public sector workers.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Rebecca L. RauschNorfolk, Worcester and Middlesex 1 of 9
SENATE DOCKET, NO. 2308 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1219
By Ms. Rausch, a petition (accompanied by bill, Senate, No. 1219) of Rebecca L. Rausch for
legislation to establish a standard for prevention of heat illness in outdoor public sector workers.
Labor and Workforce Development.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to establish a standard for prevention of heat illness in outdoor public sector workers.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 149 of the General Laws is hereby amended by inserting after
2section 203 the following new section:-
3 Section 204. (a) As used in this section, the following words shall have the following
4meanings unless the context clearly requires otherwise:
5 “Acclimatization”, temporary adaptation of the body to work in the heat that occurs
6gradually when a person is exposed to it. Acclimatization peaks in most people within four to
7fourteen days of regular work for at least two hours per day in the heat.
8 “Heat Illness”, a serious medical condition resulting from the body's inability to cope
9with a particular heat load, and includes heat cramps, heat exhaustion, heat syncope and heat
10stroke. 2 of 9
11 “Environmental risk factors for heat illness”, working conditions that create the
12possibility that heat illness could occur, including air temperature, relative humidity, radiant heat
13from the sun and other sources, conductive heat sources such as the ground, air movement,
14workload severity and duration, protective clothing and personal protective equipment worn by
15employees.
16 “Landscaping”, providing landscape care and maintenance services and/or installing
17trees, shrubs, plants, lawns, or gardens, or providing these services in conjunction with the
18design of landscape plans and/or the construction (i.e., installation) of walkways, retaining walls,
19decks, fences, ponds, and similar structures, except for employment by an employer who
20operates a fixed establishment where the work is to be performed and where drinking water is
21plumbed.
22 “Outdoor worker”', any worker engaged in landscaping, outdoor construction related
23activities, or any other work-related activity that occurs outside of a building for 30 minutes or
24longer on any single day.
25 “Personal risk factors for heat illness”, factors such as an individual's age, degree of
26acclimatization, health, water consumption, alcohol consumption, caffeine consumption, and use
27of prescription medications that affect the body's water retention or other physiological responses
28to heat.
29 “Shade”, blockage of direct sunlight. One indicator that blockage is sufficient is when
30objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in
31the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a
32car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is 3 of 9
33running with air conditioning. Shade may be provided by any natural or artificial means that does
34not expose employees to unsafe or unhealthy conditions and that does not deter or discourage
35access or use.
36 “Temperature”, the dry bulb temperature in degrees Fahrenheit obtainable by using a
37thermometer to measure the outdoor temperature in an area where there is no shade. While the
38temperature measurement must be taken in an area with full sunlight, the bulb or sensor of the
39thermometer should be shielded while taking the measurement, e.g., with the hand or some other
40object, from direct contact by sunlight.
41 “Workplace Safety and Health Program”, The Massachusetts Workplace Safety and
42Health Program (WSHP) recognized as an OSHA State Plan in August 2022. WSHP enforces
43occupational safety and health regulations in public sector workplaces, including: state, county,
44and municipal workplaces; public schools, colleges, universities, and quasi-government
45agencies, such as water districts and transportation. Federal OSHA continues to have jurisdiction
46over the private sector.
47 (b) Employees shall have access to potable drinking water that is fresh, pure, suitably
48cool, and provided to employees free of charge. The water shall be located as close as practicable
49to the areas where employees are working. Where drinking water is not plumbed or otherwise
50continuously supplied, it shall be provided in sufficient quantity at the beginning of the work
51shift to provide one quart per employee per hour for drinking for the entire shift. Employers may
52begin the shift with smaller quantities of water if they have effective procedures for
53replenishment during the shift as needed to allow employees to drink one quart or more per hour. 4 of 9
54 (c) (1) Shade shall be present when the temperature exceeds 80 degrees Fahrenheit. When
55the outdoor temperature in the work area exceeds 80 degrees Fahrenheit, the employer shall have
56and maintain one or more areas with shade at all times while employees are present that are
57either open to the air or provided with ventilation or cooling. The amount of shade present shall
58be at least enough to accommodate the number of employees on recovery or rest periods, so that
59they can sit in a normal posture fully in the shade without having to be in physical contact with
60each other. The shade shall be located as close as practicable to the areas where employees are
61working. Subject to the same specifications, the amount of shade present during meal periods
62shall be at least enough to accommodate the number of employees on the meal period who
63remain onsite.
64 (2) Shade shall be available when the temperature does not exceed 80 degrees Fahrenheit.
65When the outdoor temperature in the work area does not exceed 80 degrees Fahrenheit
66employers shall either provide shade as per subsection (d)(1) or provide timely access to shade
67upon an employee's request.
68 (3) Employees shall be allowed and encouraged to take a preventative cool-down rest in
69the shade when they feel the need to do so to protect themselves from overheating. Such access
70to shade shall be permitted at all times. An individual employee who takes a preventative cool-
71down rest (A) shall be monitored and asked if he or she is experiencing symptoms of heat illness;
72(B) shall be encouraged to remain in the shade; and (C) shall not be ordered back to work until
73any signs or symptoms of heat illness have abated, but in no event less than 5 minutes in addition
74to the time needed to access the shade. 5 of 9
75 (4) If an employee exhibits signs or reports symptoms of heat illness while taking a
76preventative cool-down rest or during a preventative cool-down rest period, the employer shall
77provide appropriate first aid or emergency response according to subsection (e) of this section.
78 Exceptions to subsections (c)(1) and (c)(2):
79 (1) Where the employer can demonstrate that it is infeasible or unsafe to have a shade
80structure, or otherwise to have shade present on a continuous basis, the employer may utilize
81alternative procedures for providing access to shade if the alternative procedures provide
82equivalent protection.
83 (2) Cooling measures other than shade (e.g., use of misting machines) may be provided in
84lieu of shade if the employer can demonstrate that these measures are at least as effective as
85shade in allowing employees to cool.
86 (d) Emergency Response Procedures. The Employer shall implement effective
87emergency response procedures including:
88 (1) Ensuring that effective communication by voice, observation, or electronic means is
89maintained so that employees at the work site can contact a supervisor or emergency medical
90services when necessary. An electronic device, such as a cell phone or text messaging device,
91may be used for this purpose only if reception in the area is reliable. If an electronic device will
92not furnish reliable communication in the work area, the employer will ensure a means of
93summoning emergency medical services.
94 (2) Responding to signs and symptoms of possible heat illness, including but not limited
95to first aid measures and how emergency medical services will be provided. 6 of 9
96 (A) If a supervisor observes, or any employee reports, any signs or symptoms of heat
97illness in any employee, the supervisor shall take immediate action commensurate with the
98severity of the illness.
99 (B) If the signs or symptoms are indicators of severe heat illness (such as, but not limited
100to, decreased level of consciousness, staggering, vomiting, disorientation, irrational behavior or
101convulsions), the employer must implement emergency response procedures.
102 (C) An employee exhibiting signs or symptoms of heat illness shall be monitored and
103shall not be left alone or sent home without being offered onsite first aid and/or being provided
104with emergency medical services in accordance with the employer's procedures.
105 (3) Contacting emergency medical services and, if necessary, transporting employees to a
106place where they can be reached by an emergency medical provider.
107 (4) Ensuring that, in the event of an emergency, clear and precise directions to the work
108site can and will be provided as needed to emergency responders.
109 (e) Acclimatization to high heat during heat waves.
110 (1) All employees shall be closely observed by a supervisor or designee during a heat
111wave. For purposes of this section only, “heat wave” means any day in which the predicted high
112temperature for the day will be at least 80 degrees Fahrenheit and at least ten degrees Fahrenheit
113higher than the average high daily temperature in the preceding five days. The observation shall
114continue for the duration of the heat wave or for 14 days, whichever is shorter. 7 of 9
115 (2) When a worker starts on a job during a heat wave, the worker shall be closely
116observed for the duration of the heat wave or for 14 days from the date of arrival, whichever
117period is shorter.
118 (f) Training.
119 (1) Employee training. Effective training in the following topics shall be provided to each
120supervisory and non-supervisory employee before the employee begins work that should
121reasonably be anticipated to result in exposure to the risk of heat illness:
122 (A) The environmental and personal risk factors for heat illness, as well as the added
123burden of heat load on the body caused by exertion, clothing, and personal protective equipment.
124 (B) The employer's procedures for complying with the requirements of this standard,
125including, but not limited to, the employer's responsibility to provide water, shade, cool-down
126rests, and access to first aid as well as the employees' right to exercise their rights under this
127standard without retaliation.
128 (C) The importance of frequent consumption of small quantities of water, up to 4 cups
129per hour, when the work environment is hot and employees are likely to be sweating more than
130usual in the performance of their duties.
131 (D) The concept, importance, and methods of acclimatization pursuant to the employer's
132procedures under subsection (h)(4).
133 (E) The different types of heat illness, the common signs and symptoms of heat illness,
134and appropriate first aid and/or emergency responses to the different types of heat illness, and in 8 of 9
135addition, that heat illness may progress quickly from mild symptoms and signs to serious and life
136threatening illness.
137 (F) The importance to employees of immediately reporting to the employer, directly or
138through the employee's supervisor, symptoms or signs of heat illness in themselves, or in co-
139workers.
140 (G) The employer's procedures for responding to signs or symptoms of possible heat
141illness, including how emergency medical services will be provided should they become
142necessary.
143 (H) The employer's procedures for contacting emergency medical services, and if
144necessary, for transporting employees to a point where they can be reached by an emergency
145medical service provider.
146 (I) The employer's procedures for ensuring that, in the event of an emergency, clear and
147precise directions to the work site can and will be provided as needed to emergency responders.
148These procedures shall include designating a person to be available to ensure that emergency
149procedures are invoked when appropriate.
150 (2) Supervisor training. Prior to supervising employees performing work that should
151reasonably be anticipated to result in exposure to the risk of heat illness effective training on the
152following topics shall be provided to the supervisor:
153 (A) The information required to be provided by section (h)(1) above.
154 (B) The procedures the supervisor is to follow to implement the applicable provisions in
155this section. 9 of 9
156 (C) The procedures the supervisor is to follow when an employee exhibits signs or
157reports symptoms consistent with possible heat illness, including emergency response
158procedures.
159 (D) How to monitor weather reports and how to respond to hot weather advisories.
160 (g) Heat Illness Prevention Plan. The employer shall establish, implement, and maintain
161an effective heat illness prevention plan. The plan shall be in writing in both English and the
162language understood by the majority of the employees and shall be made available at the
163worksite to employees and to representatives of the Department of Labor Standards upon
164request. The Heat Illness Prevention Plan may be included as part of the employer's Illness and
165Injury Prevention Program required by section 3203, and shall, at a minimum, contain:
166 (1) Procedures for the provision of water and access to shade.
167 (2) The high heat procedures referred to in subsection (d).
168 (3) Emergency Response Procedures in accordance with subsection (e).
169 (4) Acclimatization methods and procedures in accordance with subsection (f).
170 SECTION 2. Not later than January 1, 2025, the Department of Labor Standards shall
171adopt and implement the requirements in Section 1 as the state standard for the prevention of
172heat illness in outdoor workers covered under the Workplace Safety and Health Program.
173Employers shall have 6 months from the date the standard is adopted before compliance is
174enforced.