On Thursday, the Assembly Labor Committee is scheduled to consider A-5022 which establishes “Occupational Heat-Related Illness and Injury Prevention Program” and occupational heat stress standard in DOWLD.
The bill would require the Commissioner of the Department of Labor before June 1, 2025 to establish by rule a heat stress standard. The standard must include heat stress levels for employees that, if exceeded, trigger actions by employers to protect employees from heat-related illness and injury; and a requirement that each employer develop, implement, and maintain an effective heat-related illness and injury prevention plan for employees. The heat related illness and injury prevention plan must be developed and implemented with the “meaningful participation of employees and employees' representatives, including collective bargaining representatives.”
In addition, the Commissioner is required to develop a model heat-related illness and injury prevention plan that employers may adopt. The plan must include model training for employees and supervisors and tailored to the specific hazards in places of employment with high risks of exposure to heat. Employers may modify the Commissioner’s plan or develop their own plan consistent with the provisions of the bill.
The heat related illness and injury prevention plan at a minimum must contain procedures and methods for initial and regular monitoring for employee exposure to heat to determine excessive exposure; provide cool or cold water, available immediately and in immediate and safe proximity to impacted employees; provide paid rest breaks and access to shade and cool-down areas or climate controlled spaces; provide emergency response for any employee that has suffered an injury due to excessive exposure to heat; limit the length of time an employee may be exposed to heat during the workday; prevent hazards by engineering controls and administrative controls by adjustment of work procedures or work schedules, rotating employees, scheduling work earlier or later in the day, using work-rest schedules, reducing work intensity or speed, and change required work clothing, and provide personal protective equipment.
For outdoor and indoor non-climate-controlled environments, the plan should implement a heat alert program to provide notification to employees when the National Weather Services’ forecasts that excessive heat is likely. As well as postponing tasks that are non-essential until the excessive heat conditions subside, instituting or increasing rest allowances, reminding workers to frequently drink liquids in small amounts to prevent dehydration.
The bill would require employers to maintain records related to heat related illnesses and injury prevention plan, data on all heat related illnesses, injuries and fatalities that have occurred at the place of business, and data on environmental and physiological measures related to heat. Such records must be made available, at no cost, to employees and their authorized representatives, including collective bargaining representatives, upon demand.
Exempted from the requirements of this bill are amusement parks, commercial farms, and “all operations that are directly involved in the protection of life or property, such as evacuation, rescue, medical, structural firefighting, law enforcement, lifeguarding, or the emergency restoration of essential services, such as roads, bridges, utilities, and communications”.
The bill provides for penalties and fines for violation of the bill or employer retaliating through termination of employment or discipline of an employee exercising their rights under the bill. There is a rebuttable presumption of unlawful retaliation whenever an employer takes adverse action against an employee within 90 days of when that employee exercises their rights under this bill.
The League has engaged extensively with the sponsors, Assemblywoman Quijano and Assemblyman Sampson, to ensure that emergency, public works, and recreational services are not impacted and that municipalities can continue to provide necessary services. We are also part of a broader coalition that has concerns about the potential implementation of this legislation.
The Senate companion bill, S-3884, has been referenced to the Senate Labor Committee but no hearing has been scheduled at this time.
We will update you as details warrant.
Contact: Paul Penna, Director of Government Affairs, ppenna@njlm.org, 609-695-3481, x110.