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2023 - 2024 LEGISLATURE
2023 ASSEMBLY BILL 901
January 4, 2024 - Introduced by Representatives J. ANDERSON, C. ANDERSON,
BALDEH, CLANCY, EMERSON, HONG, MADISON, MOORE OMOKUNDE, NEUBAUER,
OHNSTAD, PALMERI, SINICKI and SNODGRASS, cosponsored by Senators
CARPENTER and L. JOHNSON. Referred to Committee on Health, Aging and
Long-Term Care.
***AUTHORS SUBJECT TO CHANGE***
AN ACT to create 103.40 of the statutes; relating to: heat-related illness
prevention.
Analysis by the Legislative Reference Bureau
This bill requires the Department of Workforce Development to develop and
implement a program to prevent heat-related illness in employees during periods
of high heat. Under current law, employees engaged in certain types of employment
(generally at factories or mercantile establishments) may not work or be allowed to
work for periods that are dangerous to their health.
This bill requires the program established by DWD to include all of the
following components: 1) the provision of cool drinking water to employees during
periods of high heat, and paid time to drink the water; 2) the provision of shade in
areas close to where employees are working and paid time to rest in the shade; 3)
guidelines for administrative controls to prevent heat-related illness; and 4)
requirements for air conditioning systems and mechanical ventilation systems in
enclosed areas where employees work to reduce the heat index in an enclosed area
to below 80 degrees Fahrenheit. Also under the bill, DWD may establish exceptions
for certain businesses and types of work.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
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SECTION 1 ASSEMBLY BILL 901
SECTION 1. 103.40 of the statutes is created to read:
103.40 Heat-related illness prevention. (1) DEFINITIONS. In this section:
(a) “Administrative controls” means the scheduling of work hours to limit the time
that employees work in high-heat conditions.
(b) “Air conditioning system” means a mechanical system that can reduce the
heat index to 78 degrees Fahrenheit or below in an enclosed area.
(c) “Cool drinking water” means potable water that is suitable to drink and is
77 degrees Fahrenheit or below.
(d) “Heat index” means the apparent temperature felt by a human body when
relative humidity is combined with the air temperature of an environment.
(e) “High heat” means a heat index over 80 degrees Fahrenheit.
(f) “Mechanical ventilation system” means a system that moves air through an
enclosed area to provide ventilation.
(2) HEAT-RELATED ILLNESS PREVENTION PROGRAM. The department shall develop
and implement a program to prevent illness to employees who are working in
high-heat conditions. The program shall include at least all of the following:
(a) Standards for employers to provide cool drinking water to employees during
periods of high heat and paid time to consume the water.
(b) Standards for employers to provide shade in areas close to where employees
are working and paid time to rest in the shade.
(c) Guidelines for administrative controls to prevent heat-related illness in
employees.
(d) Standards for air conditioning systems and mechanical ventilation systems
in enclosed areas where employees work to reduce the heat index in an enclosed area
to below 80 degrees fahrenheit.
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SECTION 1
ASSEMBLY BILL 901
(3) DEPARTMENT TO ESTABLISH BY RULE. The department shall promulgate rules
to implement the program under this section.
SECTION 2.0Nonstatutory provisions.
(1) PROPOSED PERMANENT RULES. The department of workforce development
shall submit in proposed form the rules required under s. 103.40 (4) to the legislative
council staff under s. 227.15 (1) no later than the first day of the 4th month beginning
after the effective date of this subsection.
(2) EMERGENCY RULES. The department of workforce development may
promulgate emergency rules under s. 227.24 that are necessary to implement this
act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under
this subsection remain in effect for 2 years, or until the date on which permanent
rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the
department is not required to provide evidence that promulgating a rule under this
subsection as an emergency rule is necessary for the preservation of the public peace,
health, safety, or welfare and is not required to provide a finding of emergency for a
rule promulgated under this subsection.
(END)
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