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2 | 2 | | HOUSE DOCKET, NO. 2782 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2172 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Aaron L. Saunders |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act to prevent heat-related illness in public sector outdoor workers. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:Aaron L. Saunders7th Hampden1/16/2025 1 of 3 |
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16 | 16 | | HOUSE DOCKET, NO. 2782 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2172 |
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18 | 18 | | By Representative Saunders of Belchertown, a petition (accompanied by bill, House, No. 2172) |
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19 | 19 | | of Aaron L. Saunders for legislation to prevent heat-related illness in public sector outdoor |
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20 | 20 | | workers. Labor and Workforce Development. |
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21 | 21 | | The Commonwealth of Massachusetts |
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22 | 22 | | _______________ |
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23 | 23 | | In the One Hundred and Ninety-Fourth General Court |
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24 | 24 | | (2025-2026) |
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25 | 25 | | _______________ |
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26 | 26 | | An Act to prevent heat-related illness in public sector outdoor workers. |
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27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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28 | 28 | | of the same, as follows: |
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29 | 29 | | 1 SECTION 1. Chapter 149 of the General Laws, as appearing in the 2022 Official |
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30 | 30 | | 2Edition, is hereby amended by inserting after section 203 the following section:- |
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31 | 31 | | 3 Section 204. (a) As used in this section, the following words shall have the following |
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32 | 32 | | 4meanings unless the context clearly requires otherwise: |
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33 | 33 | | 5 “Heat– related illness”, means a serious medical condition resulting from the inability of |
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34 | 34 | | 6the body to rid itself of excess heat, including heat rash, heat cramps, heat exhaustion, heat |
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35 | 35 | | 7syncope and heat stroke. |
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36 | 36 | | 8 “Heat stress”, means the net load to which a worker is exposed from the combined |
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37 | 37 | | 9contributions of metabolic heat, environmental factors and clothing worn results in an increase in |
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38 | 38 | | 10heat storage in the body, causing body temperature to rise and increasing the risk of heat-related |
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39 | 39 | | 11illness. 2 of 3 |
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40 | 40 | | 12 (b) The department of labor standards shall promulgate regulations which include a |
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41 | 41 | | 13standard establishing outdoor heat exposure levels for public employees which, if exceeded, |
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42 | 42 | | 14trigger action to protect employees from heat-related illness, and shall monitor compliance with |
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43 | 43 | | 15said regulations. |
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44 | 44 | | 16 (c) Public employers shall develop, implement, and maintain a heat- related illness |
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45 | 45 | | 17prevention plan for their employees. The plan shall be in writing in a language understood by a |
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46 | 46 | | 18majority of employees, and shall be made available upon request by employees, employee |
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47 | 47 | | 19representatives and representatives of the department of labor standards. |
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48 | 48 | | 20 (1) Each plan shall include procedures and methods for the following: |
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49 | 49 | | 21 (i) Initial and regular monitoring of employee worksite exposures that increase the risk |
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50 | 50 | | 22of heat-related illness to determine whether an employee’s exposure is or will become excessive; |
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51 | 51 | | 23 (ii) Providing potable water; |
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52 | 52 | | 24 (iii) Providing paid rest breaks and access to shade, cool-down areas, or climate- |
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53 | 53 | | 25controlled spaces as needed to prevent heat-related illness; |
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54 | 54 | | 26 (iv) Providing an emergency response plan for any employee with signs or symptoms of |
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55 | 55 | | 27heat exhaustion or heat stroke; |
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56 | 56 | | 28 (v) Acclimatizing employees as needed to prevent heat-related illness; |
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57 | 57 | | 29 (vi) Administrative controls to limit exposure to excessive heat when appropriate; |
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58 | 58 | | 30 (vii) Annual training and education for employees at risk of heat-related illness; |
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59 | 59 | | 31 (viii) Record-keeping and reporting procedures for heat-related illness; 3 of 3 |
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60 | 60 | | 32 (ix) Training and education to employees who are supervisors, including training and |
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61 | 61 | | 33education regarding proper procedures a supervisor is required to follow with respect to: |
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62 | 62 | | 34 (A) Monitoring conditions at the worksite that may increase the risk of heat-related |
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63 | 63 | | 35illness, the prevention of employee exposure to heat stress; |
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64 | 64 | | 36 (B) Implementing procedures to reduce the risk of heat-related illness; |
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65 | 65 | | 37 (C) Proper procedures, including emergency response procedures, to follow when an |
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66 | 66 | | 38employee exhibits signs or reports symptoms consistent with possible heat-related illness; |
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67 | 67 | | 39 (d) Each public employer shall adopt a policy prohibiting discrimination or retaliation |
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68 | 68 | | 40against an employee for reporting a heat-related illness concern or seeking assistance or |
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69 | 69 | | 41intervention for heat-related health symptoms. |
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70 | 70 | | 42 SECTION 2. Not later than January 1, 2027, the department of labor standards shall |
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71 | 71 | | 43adopt and implement the requirements in Section 1 as the state standard for preventing heat |
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72 | 72 | | 44illness in outdoor workers. Public employers shall have 6 months from the date the standard is |
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73 | 73 | | 45adopted before compliance is enforced. The attorney general shall enforce the provisions of this |
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74 | 74 | | 46section. |
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