S T A T E O F N E W Y O R K
________________________________________________________________________
3321--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 2, 2023
___________
Introduced by M. of A. JOYNER -- read once and referred to the Committee
on Labor -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the labor law, in relation to regulating the temperature
of all indoor and outdoor worksites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "temper-
ature extreme mitigation program (TEMP) act".
§ 2. Legislative findings and intent. The legislature hereby finds and
declares that New Yorkers, working both in outdoor and indoor sites, are
exposed to extreme temperatures due to climate change. This involves
both skyrocketing heat in the summer and freezing cold in the winter.
Every year, New York city has high numbers of heat-related emergency
department visits, hospital admissions, and deaths. According to the New
York City Office of the Mayor, each year there are an estimated 450
heat-related ED visits, 150 heat-related hospital admissions, 10 heat-
stroke deaths, and 350 heat-exacerbated deaths, caused by heat worsening
existing chronic conditions.
Further, cold stress injuries have proven to be a concern for New
York's workers. In 2018 in the United States, there were 2,890 cases of
ice, sleet, and snow injuries; 14% of those were in the state of New
York (BLS). In 2018 in New York state, 50 injuries were related to expo-
sure to environmental cold. All 50 of those injuries were cases involv-
ing 31 or more days of missed work (BLS).
The legislature hereby finds and declares that the government is obli-
gated to ensure that employers provide safe conditions for their employ-
ees.
§ 3. The labor law is amended by adding a new article 20-D to read as
follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04582-06-3
A. 3321--A 2
ARTICLE 20-D
TEMPERATURE REGULATION BY EMPLOYERS
SECTION 742. SCOPE.
743. DEFINITIONS.
744. TEMPERATURE PROTECTION STANDARDS.
745. EDUCATION AND TRAINING.
746. ENFORCEMENT.
§ 742. SCOPE. THE FOLLOWING INDUSTRIES WILL BE HELD TO THE STANDARDS
IN THIS ARTICLE:
1. AGRICULTURE;
2. CONSTRUCTION;
3. LANDSCAPING;
4. COMMERCIAL SHIPPING;
5. FOOD SERVICE; AND
6. WAREHOUSING.
§ 743. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "EMPLOYEE" MEANS ANY PERSON PROVIDING LABOR OR SERVICES WITHIN THE
SCOPE OF THIS ARTICLE FOR REMUNERATION FOR A PRIVATE ENTITY OR BUSINESS
WITHIN THE STATE, WITHOUT REGARD TO AN INDIVIDUAL'S IMMIGRATION STATUS,
AND SHALL INCLUDE, BUT NOT BE LIMITED TO, PART-TIME WORKERS, INDE-
PENDENT CONTRACTORS, DAY LABORERS, FARMWORKERS AND OTHER TEMPORARY
AND SEASONAL WORKERS. THE TERM SHALL ALSO INCLUDE INDIVIDUALS WORKING
FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS ON BEHALF OF THE
EMPLOYER AT ANY INDIVIDUAL WORKSITE, AS WELL AS ANY INDIVIDUAL DELIV-
ERING GOODS OR TRANSPORTING PEOPLE AT, TO OR FROM THE WORKSITE ON
BEHALF OF THE EMPLOYER, REGARDLESS OF WHETHER DELIVERY OR TRANSPORT
IS CONDUCTED BY AN INDIVIDUAL OR ENTITY THAT WOULD OTHERWISE BE DEEMED
AN EMPLOYER UNDER THIS ARTICLE, OR ANY PERSON HOLDING A POSITION BY
APPOINTMENT OR EMPLOYMENT IN THE SERVICE OF A PUBLIC EMPLOYER WITHIN THE
SCOPE OF THIS ARTICLE.
2. "EMPLOYER" MEANS ANY INDIVIDUAL, PARTNERSHIP, ASSOCIATION, CORPO-
RATION, LIMITED LIABILITY COMPANY, BUSINESS TRUST, LEGAL REPRESENTATIVE,
PUBLIC ENTITY, OR ANY ORGANIZED GROUP ACTING AS EMPLOYER WITHIN THE
SCOPE OF THIS ARTICLE.
3. "INDOOR WORKSITE" MEANS ANY ENCLOSED WORK VEHICLES AND ANY SPACE
BETWEEN A FLOOR AND A CEILING BOUND ON ALL SIDES BY WALLS. A WALL
INCLUDES ANY DOOR, WINDOW, RETRACTABLE DIVIDER, GARAGE DOOR, OR OTHER
PHYSICAL BARRIERS THAT IS TEMPORARY OR PERMANENT, WHETHER OPEN OR
CLOSED.
4. "OUTDOOR WORKSITE" MEANS ALL EMPLOYERS WITH EMPLOYEES PERFORMING
WORK IN AN OUTDOOR ENVIRONMENT. THE TERM OUTDOOR WORKSITE DOES NOT APPLY
TO INCIDENTAL EXPOSURE, WHICH EXISTS WHEN AN EMPLOYEE IS REQUIRED TO
PERFORM A WORK ACTIVITY OUTDOORS FOR NOT LONGER THAN FIFTEEN MINUTES IN
ANY SIXTY-MINUTE PERIOD.
5. "OUTDOOR TEMPERATURE STRESS THRESHOLD" MEANS A HEAT STRESS THRESH-
OLD OF EIGHTY OR MORE DEGREES FAHRENHEIT AND A COLD THRESHOLD OF SIXTY
OR BELOW DEGREES FAHRENHEIT.
6. "INDOOR TEMPERATURE STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD
OF EIGHTY OR MORE DEGREES FAHRENHEIT AND A COLD THRESHOLD OF SIXTY OR
BELOW DEGREES FAHRENHEIT. IN CASES OF OFFICES, SCHOOLS, OR OTHER INDOOR
TEMPERATURE REGULATED ENVIRONMENTS, THE INDOOR TEMPERATURE SHALL FALL
BETWEEN SIXTY-EIGHT POINT FIVE AND SEVENTY-FIVE DEGREES WHEN THE OUTDOOR
TEMPERATURE IS BELOW FIFTY-FIVE DEGREES, AND WHEN THE OUTDOOR TEMPER-
ATURE IS ABOVE EIGHTY-FIVE DEGREES, THE INDOOR TEMPERATURE SHALL FALL
BETWEEN SEVENTY-FIVE AND EIGHTY POINT FIVE DEGREES.
A. 3321--A 3
7. "HEAT ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
BODY'S INABILITY TO COPE WITH A PARTICULAR HEAT LOAD, AND INCLUDES, BUT
IS NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION, HEAT SYNCOPE, AND HEAT
STROKE.
8. "COLD ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
BODY'S INABILITY TO COPE WITH COLD TEMPERATURES.
9. "PERSONAL PROTECTIVE EQUIPMENT" OR "PPE" MEANS THE NECESSARY
PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND CLOTHING, TO WITHSTAND TEMPER-
ATURES AT OR EXCEEDING THE STRESS THRESHOLDS.
§ 744. TEMPERATURE PROTECTION STANDARDS. 1. HEAT-SPECIFIC STANDARDS.
THE EMPLOYER SHALL FULFILL THE FOLLOWING REQUIREMENTS WHEN EMPLOYEES ARE
IN AN OUTDOOR OR INDOOR WORKSITE AND EXPERIENCING CONDITIONS AT OR
EXCEEDING A HEAT STRESS THRESHOLD OF EIGHTY OR MORE DEGREES FAHRENHEIT:
(A) ACCESS TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS TO ONE
QUART OF WATER PER HOUR PER EMPLOYEE AT NO COST TO THE EMPLOYEE AND SUCH
ACCESS SHALL BE AS CLOSE TO THE WORKSITE AS POSSIBLE.
(B) REST. THE EMPLOYER SHALL OFFER PREVENTATIVE BREAKS AT THE DURATION
AND FREQUENCY OF TEN MINUTES IN THE SHADE FOR EVERY TWO HOURS OF OUTDOOR
WORK AND TEN MINUTES IN A COOLER BREAKROOM FOR INDOOR WORKERS. THE
BREAKROOM TEMPERATURE SHALL FALL BETWEEN SEVENTY-FIVE AND EIGHTY POINT
FIVE DEGREES WHEN THE OUTDOOR TEMPERATURE IS ABOVE EIGHTY-FIVE DEGREES.
PREVENTATIVE BREAKS SHALL BE PAID.
(C) MEDICAL MONITORING. EMPLOYERS SHALL CLOSELY MONITOR TEMPERATURES
AND IMPLEMENT THEIR WORKPLACE HEAT STRESS PLAN. IF AN EMPLOYEE EXHIBITS
SIGNS OR REPORTS SYMPTOMS OF HEAT ILLNESS WHILE TAKING A PREVENTATIVE
COOL-DOWN REST, DURING A PREVENTATIVE COOL-DOWN REST PERIOD, OR AT ANY
OTHER TIME, THE EMPLOYER SHALL PROVIDE APPROPRIATE FIRST AID OR EMERGEN-
CY RESPONSE.
(D) ACCESS TO SHADE. (I) SHADE SHALL BE MADE AVAILABLE WHEN THE
TEMPERATURE EXCEEDS EIGHTY DEGREES FAHRENHEIT AND SHALL BE AS CLOSE TO
THE WORKSITE AS POSSIBLE. WHEN THE OUTDOOR TEMPERATURE IN THE WORK AREA
EXCEEDS EIGHTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL HAVE AND MAINTAIN
ONE OR MORE AREAS WITH SHADE AT ALL TIMES WHILE EMPLOYEES ARE PRESENT
THAT ARE EITHER OPEN TO THE AIR OR PROVIDED WITH VENTILATION OR COOLING.
THE AMOUNT OF SHADE PRESENT SHALL BE AT LEAST ENOUGH TO ACCOMMODATE THE
NUMBER OF EMPLOYEES ON RECOVERY OR REST PERIODS, SO THAT THEY CAN SIT IN
A NORMAL POSTURE FULLY IN THE SHADE WITH AT LEAST FOUR SQUARE FEET PER
RESTING EMPLOYEE. THE SHADE SHALL BE LOCATED AS CLOSE AS PRACTICABLE TO
THE AREAS WHERE EMPLOYEES ARE WORKING. SUBJECT TO THE SAME SPECIFICA-
TIONS, THE AMOUNT OF SHADE PRESENT DURING MEAL PERIODS SHALL BE AT LEAST
ENOUGH TO ACCOMMODATE THE NUMBER OF EMPLOYEES ON THE MEAL PERIOD WHO
REMAIN ONSITE.
(II) SHADE SHALL BE AVAILABLE WHEN THE TEMPERATURE DOES NOT EXCEED
EIGHTY DEGREES FAHRENHEIT. WHEN THE OUTDOOR TEMPERATURE IN THE WORK AREA
DOES NOT EXCEED EIGHTY DEGREES FAHRENHEIT EMPLOYERS SHALL EITHER PROVIDE
SHADE PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH OR PROVIDE TIMELY
ACCESS TO SHADE UPON AN EMPLOYEE'S REQUEST.
(III) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED TO TAKE A PREVENTATIVE
COOL-DOWN REST IN THE SHADE WHEN THEY FEEL THE NEED TO DO SO TO PROTECT
THEMSELVES FROM OVERHEATING. SUCH ACCESS TO SHADE SHALL BE PERMITTED AT
ALL TIMES. AN INDIVIDUAL EMPLOYEE WHO TAKES A PREVENTATIVE COOL-DOWN
REST:
(1) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
OF HEAT ILLNESS;
(2) SHALL BE ENCOURAGED TO REMAIN IN THE SHADE; AND
A. 3321--A 4
(3) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
HEAT ILLNESS HAVE ABATED, BUT IN NO EVENT, LESS THAN FIVE MINUTES IN
ADDITION TO THE TIME NEEDED TO ACCESS THE SHADE.
(E) PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
SARY PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND CLOTHING, TO WITHSTAND
TEMPERATURES AT OR EXCEEDING THE HEAT STRESS THRESHOLDS. THIS MAY
INCLUDE, BUT IS NOT LIMITED TO:
(I) CLOTHING WITH COOLING AND/OR WICKING FEATURES;
(II) ICE VESTS AND COOLING RAGS;
(III) FANS;
(IV) AIR-CONDITIONING, WHICH SHALL BE MANDATED AT ALL INDOOR WORKPLAC-
ES WITHIN THE SCOPE OF THIS LEGISLATION, INCLUDING BUT NOT LIMITED TO
DELIVERY VEHICLES AND WAREHOUSES;
(V) SUNSCREEN;
(VI) HATS; AND
(VII) ANYTHING DEEMED NECESSARY BY THE DEPARTMENT OR A REASONABLE
REQUEST MADE BY EMPLOYEES TO WITHSTAND THE HEAT STRESS THRESHOLD AND
ABOVE.
(F) VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
VEHICLES EACH DAY OR WHOSE WORKSITE IS CONSIDERED A VEHICLE SHALL HAVE
ADEQUATE AIR-CONDITIONING AVAILABLE INSIDE SUCH VEHICLE.
(G) WORKER ACCLIMATIZATION. EMPLOYERS SHALL PROVIDE TIME FOR ACCLIMA-
TIZATION OF NEW AND RETURNING EMPLOYEES. WHEN WORKSITE TEMPERATURES ARE
ABOVE EIGHTY DEGREES, EMPLOYEES SHALL ONLY WORK TWENTY PERCENT OF THEIR
NORMAL DURATION ON THEIR FIRST DAY AND GRADUALLY INCREASE WORK DURATION
OVER A TWO-WEEK PERIOD.
2. COLD-SPECIFIC STANDARDS. THE EMPLOYER SHALL FULFILL THE FOLLOWING
REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR OR INDOOR WORKSITE AND
EXPERIENCING CONDITIONS AT OR EXCEEDING THE COLD THRESHOLD OF SIXTY OR
BELOW DEGREES FAHRENHEIT:
(A) ACCESS TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS TO ONE
QUART OF WATER PER HOUR PER EMPLOYEE AT NO COST TO THE EMPLOYEE.
(B) REST. THE EMPLOYER SHALL OFFER PREVENTATIVE BREAKS AT THE DURATION
AND FREQUENCY OF TEN MINUTES IN A WARM AREA FOR EVERY TWO HOURS OF
OUTDOOR WORK AND TEN MINUTES IN A WARM BREAKROOM FOR INDOOR WORKERS.
THE BREAKROOM TEMPERATURE SHALL FALL BETWEEN SIXTY-EIGHT POINT FIVE AND
SEVENTY-FIVE DEGREES WHEN THE OUTDOOR TEMPERATURE IS BELOW SIXTY
DEGREES. PREVENTATIVE BREAKS SHALL BE PAID.
(C) MEDICAL MONITORING. EMPLOYERS SHALL CLOSELY MONITOR TEMPERATURES
AND IMPLEMENT THEIR WORKPLACE COLD STRESS PLAN. IF AN EMPLOYEE EXHIBITS
SIGNS OR REPORTS SYMPTOMS OF COLD STRESS WHILE TAKING A PREVENTATIVE
WARM-UP REST, DURING A PREVENTATIVE WARM-UP REST PERIOD, OR AT ANY OTHER
TIME, THE EMPLOYER SHALL PROVIDE APPROPRIATE FIRST AID OR EMERGENCY
RESPONSE.
(D) ACCESS TO WARMTH. (I) A WARM LOCATION FOR BREAKS SHALL BE MADE
AVAILABLE WHEN THE TEMPERATURE IS BELOW SIXTY DEGREES FAHRENHEIT. WHEN
THE OUTDOOR TEMPERATURE IN THE WORK AREA IS BELOW SIXTY DEGREES FAHREN-
HEIT, THE EMPLOYER SHALL HAVE AND MAINTAIN ONE OR MORE AREAS WITH
ADEQUATE WARMTH AT ALL TIMES WHILE EMPLOYEES ARE PRESENT THAT ARE
PROVIDED WITH VENTILATION AND HEATING. THE SIZE OF THE WARM LOCATION
SHALL BE AT LEAST ENOUGH TO ACCOMMODATE THE NUMBER OF EMPLOYEES ON
RECOVERY OR REST PERIODS, WITH AT LEAST FOUR SQUARE FEET AVAILABLE PER
RESTING EMPLOYEE. THE REST LOCATION SHALL BE LOCATED AS CLOSE AS PRAC-
TICABLE TO THE AREAS WHERE EMPLOYEES ARE WORKING. SUBJECT TO THE SAME
SPECIFICATIONS, ACCESS TO A WARM LOCATION SHALL BE PRESENT DURING MEAL
A. 3321--A 5
PERIODS AND SHALL BE AT LEAST ENOUGH TO ACCOMMODATE THE NUMBER OF
EMPLOYEES ON THE MEAL PERIOD WHO REMAIN ONSITE.
(II) WARM LOCATIONS SHALL BE AVAILABLE WHEN THE TEMPERATURE IS NOT
BELOW SIXTY DEGREES FAHRENHEIT. WHEN THE OUTDOOR TEMPERATURE IN THE WORK
AREA IS NOT BELOW SIXTY DEGREES FAHRENHEIT EMPLOYERS SHALL EITHER
PROVIDE WARMTH PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH OR PROVIDE
TIMELY ACCESS UPON AN EMPLOYEE'S REQUEST.
(III) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED TO TAKE A PREVENTATIVE
WARM-UP REST IN THE SHADE WHEN THEY FEEL THE NEED TO DO SO TO PROTECT
THEMSELVES FROM COLD STRESS. SUCH ACCESS SHALL BE PERMITTED AT ALL
TIMES. AN INDIVIDUAL EMPLOYEE WHO TAKES A PREVENTATIVE WARM-UP REST:
(1) SHALL BE MONITORED AND ASKED IF HE OR SHE IS EXPERIENCING SYMPTOMS
OF COLD STRESS;
(2) SHALL BE ENCOURAGED TO REMAIN IN THE DESIGNATED WARM AREA; AND
(3) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
COLD STRESS HAVE ABATED, BUT IN NO EVENT, LESS THAN FIVE MINUTES IN
ADDITION TO THE TIME NEEDED TO ACCESS WARMTH.
(E) PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
SARY PROTECTIVE EQUIPMENT, GEAR, UNIFORMS, AND CLOTHING, TO WITHSTAND
TEMPERATURES AT OR EXCEEDING THE COLD STRESS THRESHOLDS. THIS MAY
INCLUDE, BUT IS NOT LIMITED TO:
(I) CLOTHING WITH HEATING FEATURES;
(II) GLOVES, HATS, WINTER COATS;
(III) HEATING; AND
(IV) ANYTHING DEEMED NECESSARY BY THE DEPARTMENT OR REASONABLE REQUEST
MADE BY EMPLOYEES TO WITHSTAND THE COLD STRESS THRESHOLD AND BELOW.
(F) VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
VEHICLES EACH DAY OR WHOSE WORKSITE IS CONSIDERED A VEHICLE SHALL HAVE
ADEQUATE HEATING AVAILABLE INSIDE THE VEHICLE.
(G) WORKER ACCLIMATIZATION. EMPLOYERS SHALL PROVIDE TIME FOR ACCLIMA-
TIZATION OF NEW AND RETURNING EMPLOYEES. WHEN WORKSITE TEMPERATURES ARE
BELOW SIXTY DEGREES, EMPLOYEES SHALL ONLY WORK TWENTY PERCENT OF THEIR
NORMAL DURATION ON THEIR FIRST DAY OF EMPLOYMENT IN WHICH THE TEMPER-
ATURE IS BELOW SIXTY DEGREES AND GRADUALLY INCREASE WORK DURATION OVER A
TWO-WEEK PERIOD.
§ 745. EDUCATION AND TRAINING. 1. TRAINING. THE DEPARTMENT SHALL
CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF COLD STRESS AND HEAT
ILLNESS AND THE NECESSARY MEDICAL RESPONSES. SUCH TRAINING SHALL BE
ADMINISTERED BY THE EMPLOYER AT TIME OF HIRING.
2. MANDATED SIGNAGE AND MATERIALS. THE DEPARTMENT SHALL PROMULGATE
SIGNAGE AND EDUCATIONAL MATERIALS THAT ARE REQUIRED TO BE MADE AVAILABLE
TO EMPLOYEES BY THEIR EMPLOYER IN ALL LANGUAGES IN THE STATE REGARDING
THE FOLLOWING:
(A) SIGNS OF HEAT ILLNESS AND COLD STRESS;
(B) INDOOR AND OUTDOOR TEMPERATURE STRESS THRESHOLDS;
(C) EMPLOYER-MANDATED PROTECTIONS FROM TEMPERATURE STRESS THRESHOLDS;
(D) EXAMPLES OF NECESSARY PPE;
(E) WHERE EMPLOYEES CAN REPORT AN EMPLOYER'S LACK OF ACCOMMODATION;
AND
(F) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
3. WHISTLEBLOWER PROTECTION. AN EMPLOYER SHALL PROVIDE TO EVERY
EMPLOYEE WRITTEN MATERIALS DESCRIBING THE PROTECTION FROM RETALIATORY
ACTION FOR REPORTING A VIOLATION OF THIS ARTICLE PROVIDED PURSUANT TO
ARTICLE TWENTY-C OF THIS CHAPTER. ANY EMPLOYEE WHO PARTICIPATES IN THE
ACTIVITIES ESTABLISHED FOR WORKER PROTECTIONS AND SAFETY SHALL NOT BE
A. 3321--A 6
SUBJECT TO RETALIATION FOR ANY ACTIONS TAKEN PURSUANT TO THEIR PARTIC-
IPATION.
4. THE DEPARTMENT SHALL ESTABLISH A STATEWIDE OUTREACH CAMPAIGN TO
EDUCATE EMPLOYEES ON THE HEAT AND COLD ILLNESS STANDARDS ESTABLISHED AND
ENSURE THAT EMPLOYERS ARE PROVIDING ACCESS TO PROPER SIGNAGE AND MATERI-
ALS.
§ 746. ENFORCEMENT. THE DEPARTMENT SHALL PROMULGATE RULES AND REGU-
LATIONS TO REQUIRE THE FOLLOWING:
1. EVERY EMPLOYER SHALL COLLECT AND MAINTAIN DATA AND RECORDS AS
REQUIRED BY THE DEPARTMENT ON ALL TEMPERATURE-RELATED ILLNESSES AND
FATALITIES WHICH OCCUR AT AN OUTDOOR OR INDOOR WORKSITE.
2. EVERY EMPLOYER SHALL SUBMIT REPORTS OF THE DATA COLLECTED PURSUANT
TO SUBDIVISION ONE OF THIS SECTION QUARTERLY TO THE DEPARTMENT AND SUCH
REPORTS SHALL BE PUBLISHED BY THE DEPARTMENT ON A SEARCHABLE DATABASE.
EMPLOYERS SHALL ADDITIONALLY MAKE SUCH REPORTS AVAILABLE TO ANY EMPLOYEE
OR APPLICABLE UNION UPON REQUEST WITHIN FIVE BUSINESS DAYS. A TEMPERA-
TURE-RELATED FATALITY ON A CONSTRUCTION SITE SHALL BE DEEMED A WORK-RE-
LATED INJURY FOR THE PURPOSES OF REPORTING PURSUANT TO SECTION FORTY-
FOUR OF THIS CHAPTER.
3. EVERY EMPLOYER SHALL SUBMIT FOR APPROVAL A WRITTEN PLAN ON HOW
TEMPERATURE-RELATED STRESS WILL BE MITIGATED TO THE DEPARTMENT EACH
QUARTER. ONCE APPROVED BY THE DEPARTMENT, AN EMPLOYER SHALL PROVIDE SUCH
PLAN TO ALL EMPLOYEES AND APPLICABLE UNIONS.
4. EVERY EMPLOYER SHALL BE SUBJECT TO FINES FOR NOT ADHERING TO THE
MANDATORY REPORTING AND ENFORCEMENT PROTOCOLS. EMPLOYERS SHALL BE
REQUIRED TO PAY PENALTIES OF NO LESS THAN FIFTY DOLLARS PER DAY FOR
FAILING TO CREATE A PLAN AND UP TO TEN THOUSAND DOLLARS FOR NOT FOLLOW-
ING AN ADOPTED PLAN. THE DEPARTMENT SHALL ADMINISTER NOTICE AND COLLECT
ALL FINES. ALL FINES COLLECTED SHALL BE ALLOCATED TO THE DEPARTMENT'S
TEMPERATURE STANDARDS BUREAU.
5. THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE FORM
WHERE EMPLOYEES CAN FILE COMPLAINTS WITH THE DEPARTMENT REGARDING
TEMPERATURE STANDARDS.
6. ANY OTHER REPORTING OR ENFORCEMENT PROTOCOLS NECESSARY TO ENSURE
THE PROTECTION OF WORKERS.
7. EVERY EMPLOYER SHALL DISPLAY A THERMOMETER FOR EMPLOYEE USE AT
INDOOR AND OUTDOOR WORKPLACES TO MONITOR THE TEMPERATURE.
§ 4. This act shall take effect immediately.