Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB901 Compare Versions

Only one version of the bill is available at this time.

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3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 901
5	5	January 4, 2024 - Introduced by Representatives J. ANDERSON, C. ANDERSON,
6	6	BALDEH, CLANCY, EMERSON, HONG, MADISON, MOORE OMOKUNDE, NEUBAUER,
7	7	OHNSTAD, PALMERI, SINICKI and SNODGRASS, cosponsored by Senators
8	8	CARPENTER and L. JOHNSON. Referred to Committee on Health, Aging and
9	9	Long-Term Care.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to create 103.40 of the statutes; relating to: heat-related illness
12	12	prevention.
13	13	Analysis by the Legislative Reference Bureau
14	14	This bill requires the Department of Workforce Development to develop and
15	15	implement a program to prevent heat-related illness in employees during periods
16	16	of high heat. Under current law, employees engaged in certain types of employment
17	17	(generally at factories or mercantile establishments) may not work or be allowed to
18	18	work for periods that are dangerous to their health.
19	19	This bill requires the program established by DWD to include all of the
20	20	following components: 1) the provision of cool drinking water to employees during
21	21	periods of high heat, and paid time to drink the water; 2) the provision of shade in
22	22	areas close to where employees are working and paid time to rest in the shade; 3)
23	23	guidelines for administrative controls to prevent heat-related illness; and 4)
24	24	requirements for air conditioning systems and mechanical ventilation systems in
25	25	enclosed areas where employees work to reduce the heat index in an enclosed area
26	26	to below 80 degrees Fahrenheit. Also under the bill, DWD may establish exceptions
27	27	for certain businesses and types of work.
28	28	For further information see the state and local fiscal estimate, which will be
29	29	printed as an appendix to this bill.
30	30	The people of the state of Wisconsin, represented in senate and assembly, do
31	31	enact as follows:
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35	35	SECTION 1 ASSEMBLY BILL 901
36	36	SECTION 1. 103.40 of the statutes is created to read:
37	37	103.40 Heat-related illness prevention. (1) DEFINITIONS. In this section:
38	38	(a) “Administrative controls” means the scheduling of work hours to limit the time
39	39	that employees work in high-heat conditions.
40	40	(b) “Air conditioning system” means a mechanical system that can reduce the
41	41	heat index to 78 degrees Fahrenheit or below in an enclosed area.
42	42	(c) “Cool drinking water” means potable water that is suitable to drink and is
43	43	77 degrees Fahrenheit or below.
44	44	(d) “Heat index” means the apparent temperature felt by a human body when
45	45	relative humidity is combined with the air temperature of an environment.
46	46	(e) “High heat” means a heat index over 80 degrees Fahrenheit.
47	47	(f) “Mechanical ventilation system” means a system that moves air through an
48	48	enclosed area to provide ventilation.
49	49	(2) HEAT-RELATED ILLNESS PREVENTION PROGRAM. The department shall develop
50	50	and implement a program to prevent illness to employees who are working in
51	51	high-heat conditions. The program shall include at least all of the following:
52	52	(a) Standards for employers to provide cool drinking water to employees during
53	53	periods of high heat and paid time to consume the water.
54	54	(b) Standards for employers to provide shade in areas close to where employees
55	55	are working and paid time to rest in the shade.
56	56	(c) Guidelines for administrative controls to prevent heat-related illness in
57	57	employees.
58	58	(d) Standards for air conditioning systems and mechanical ventilation systems
59	59	in enclosed areas where employees work to reduce the heat index in an enclosed area
60	60	to below 80 degrees fahrenheit.
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88	88	SECTION 1
89	89	ASSEMBLY BILL 901
90	90	(3) DEPARTMENT TO ESTABLISH BY RULE. The department shall promulgate rules
91	91	to implement the program under this section.
92	92	SECTION 2.0Nonstatutory provisions.
93	93	(1) PROPOSED PERMANENT RULES. The department of workforce development
94	94	shall submit in proposed form the rules required under s. 103.40 (4) to the legislative
95	95	council staff under s. 227.15 (1) no later than the first day of the 4th month beginning
96	96	after the effective date of this subsection.
97	97	(2) EMERGENCY RULES. The department of workforce development may
98	98	promulgate emergency rules under s. 227.24 that are necessary to implement this
99	99	act. Notwithstanding s. 227.24 (1) (c) and (2), emergency rules promulgated under
100	100	this subsection remain in effect for 2 years, or until the date on which permanent
101	101	rules take effect, whichever is sooner. Notwithstanding s. 227.24 (1) (a) and (3), the
102	102	department is not required to provide evidence that promulgating a rule under this
103	103	subsection as an emergency rule is necessary for the preservation of the public peace,
104	104	health, safety, or welfare and is not required to provide a finding of emergency for a
105	105	rule promulgated under this subsection.
106	106	(END)
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