S T A T E O F N E W Y O R K
________________________________________________________________________
8935--A
I N A S S E M B L Y
January 30, 2024
___________
Introduced by M. of A. BRONSON, ZINERMAN, OTIS, SHIMSKY, LUNSFORD, RAGA,
STECK, GIBBS, BURDICK, ARDILA, GONZALEZ-ROJAS, GLICK -- read once and
referred to the Committee on Labor -- recommitted to the Committee on
Labor in accordance with Assembly Rule 3, sec. 2 -- 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
skyrocketing heat in the summer. Every year, New York city has high
numbers of heat-related emergency department visits, hospital admis-
sions, 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-exacer-
bated deaths, caused by heat worsening existing chronic conditions.
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:
ARTICLE 20-D
TEMPERATURE REGULATION BY EMPLOYERS
SECTION 742. SCOPE.
743. DEFINITIONS.
744. HEAT PROTECTION STANDARDS.
745. COLD PROTECTION STANDARDS.
746. EDUCATION AND TRAINING.
747. ENFORCEMENT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04582-18-4
A. 8935--A 2
§ 742. SCOPE. 1. THE FOLLOWING COVERED INDUSTRIES WILL BE HELD TO THE
STANDARDS IN THIS ARTICLE:
(A) AGRICULTURE;
(B) CONSTRUCTION, UNLESS THE EMPLOYER IS PARTY TO A: (I) COLLECTIVE
BARGAINING AGREEMENT OR (II) PROJECT LABOR AGREEMENT WITH A BONA FIDE
BUILDING AND CONSTRUCTION TRADES COUNCIL;
(C) LANDSCAPING;
(D) CAR WASH SERVICE;
(E) COMMERCIAL SHIPPING;
(F) FOOD SERVICE; AND
(G) WAREHOUSING.
2. FOR THE PURPOSES OF THIS ARTICLE, OUTDOOR WORKSITES OF THE COVERED
INDUSTRIES IN PARAGRAPHS (A), (B), (C), AND (D) OF SUBDIVISION ONE OF
THIS SECTION SHALL BE SUBJECT TO THE PROVISIONS HEREIN. FOR THE PURPOSES
OF THIS ARTICLE, INDOOR WORKSITES OF THE COVERED INDUSTRIES IN PARA-
GRAPHS (E), (F), AND (G) OF SUBDIVISION ONE OF THIS SECTION SHALL BE
SUBJECT TO THE PROVISIONS HEREIN.
§ 743. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
1. "EMPLOYEE" MEANS ANY PERSON WITHIN A COVERED INDUSTRY PROVIDING
LABOR OR SERVICES WITHIN THE SCOPE OF THIS ARTICLE FOR REMUNERATION FOR
A PUBLIC OR 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, INDEPENDENT CONTRACTORS, DAY LABORERS,
FARMWORKERS AND OTHER TEMPORARY AND SEASONAL WORKERS WORKING IN AN
INDUSTRY IDENTIFIED IN THIS ARTICLE. THE TERM SHALL ALSO INCLUDE INDI-
VIDUALS WORKING FOR STAFFING AGENCIES, CONTRACTORS OR SUBCONTRACTORS ON
BEHALF OF THE EMPLOYER AT ANY INDIVIDUAL WORKSITE, AS WELL AS ANY
INDIVIDUAL DELIVERING 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 POSI-
TION 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 A
COVERED INDUSTRY IDENTIFIED IN 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. "HEAT STRESS THRESHOLD" MEANS A HEAT STRESS THRESHOLD OF EIGHTY OR
MORE DEGREES FAHRENHEIT. FOR THE PURPOSES OF INDOOR TEMPERATURE REGU-
LATED ENVIRONMENTS, THE INDOOR TEMPERATURE SHALL FALL BETWEEN SIXTY-
EIGHT AND SEVENTY-FIVE DEGREES FAHRENHEIT, TO THE EXTENT PRACTICABLE.
6. "HEAT ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
BODY'S INABILITY TO COPE WITH EXTREME HEAT TEMPERATURE STRESS THRESH-
OLDS, AND INCLUDES, BUT IS NOT LIMITED TO, HEAT CRAMPS, HEAT EXHAUSTION,
HEAT SYNCOPE, AND HEAT STROKE.
A. 8935--A 3
7. "COLD STRESS THRESHOLD" MEANS A THRESHOLD TEMPERATURE OF SIXTY
DEGREES FAHRENHEIT OR BELOW. FOR THE PURPOSES OF INDOOR TEMPERATURE
REGULATED ENVIRONMENTS, THE INDOOR TEMPERATURE SHALL FALL BETWEEN
SIXTY-EIGHT AND SEVENTY-FIVE DEGREES FAHRENHEIT, TO THE EXTENT PRACTICA-
BLE.
8. "COLD ILLNESS" MEANS A SERIOUS MEDICAL CONDITION RESULTING FROM THE
BODY'S INABILITY TO COPE WITH EXTREME COLD STRESS THRESHOLDS.
9. "PERSONAL PROTECTIVE EQUIPMENT" OR "PPE" MEANS THE NECESSARY
PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND EXTREME HEAT AT OR
EXCEEDING THE HEAT STRESS THRESHOLDS.
§ 744. HEAT PROTECTION STANDARDS. THE EMPLOYER SHALL FULFILL THE
FOLLOWING REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR OR INDOOR WORK-
SITE AND EXPERIENCING CONDITIONS AT OR EXCEEDING A HEAT STRESS THRESH-
OLD:
1. ACCESS TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS TO POTABLE
DRINKING WATER FROM A SANITARY SOURCE AND KEPT AT SIXTY DEGREES OR COOL-
ER AT NO COST TO THE EMPLOYEE. THE WATER SHALL BE LOCATED AS CLOSE AS
PRACTICABLE TO, BUT NO MORE THAN A QUARTER MILE FROM, THE AREAS WHERE
EMPLOYEES ARE WORKING. WATER SHALL BE PROVIDED AT THE BEGINNING OF THE
WORK SHIFT TO PROVIDE ONE QUART PER EMPLOYEE PER HOUR FOR DRINKING FOR
THE ENTIRE SHIFT; PROVIDED, HOWEVER, THAT AN EMPLOYER MAY BEGIN THE
SHIFT WITH SMALLER QUANTITIES OF WATER WHERE SUCH EMPLOYER HAS EFFECTIVE
PROCEDURES FOR REPLENISHMENT DURING THE SHIFT AS NEEDED TO ALLOW EMPLOY-
EES TO DRINK ONE QUART OR MORE PER HOUR.
2. 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
BREAK PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, OR AT ANY OTHER
TIME, THE EMPLOYER SHALL MAKE A REASONABLE EFFORT TO PROVIDE THE WORKER
WITH ACCESS TO FIRST AID OR OTHER TREATMENT.
3. ACCESS TO SHADE. (A) WITH RESPECT TO OUTDOOR SITES, SHADE SHALL BE
MADE AVAILABLE WHILE EMPLOYEES ARE PRESENT WHEN THE TEMPERATURE EXCEEDS
EIGHTY DEGREES FAHRENHEIT AND SHALL BE AS CLOSE TO THE WORKSITE AS
REASONABLY 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 PREVENTATIVE BREAKS, SO THAT THEY CAN SIT IN A
NORMAL POSTURE FULLY IN THE SHADE WITH AT LEAST FOUR SQUARE FEET PER
RESTING EMPLOYEE.
(B) WHERE THE EMPLOYER CAN DEMONSTRATE THAT IT IS INFEASIBLE OR UNSAFE
TO HAVE A SHADE STRUCTURE, OR OTHERWISE TO HAVE SHADE PRESENT ON A
CONTINUOUS BASIS, THE EMPLOYER MAY UTILIZE ALTERNATIVE PROCEDURES FOR
PROVIDING ACCESS TO SHADE IF THE ALTERNATIVE PROCEDURES PROVIDE EQUIV-
ALENT PROTECTION.
4. PREVENTATIVE BREAKS. (A) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED
TO TAKE PAID PREVENTATIVE BREAKS WHEN THEY FEEL THE ONSET OF HEAT
ILLNESS. EMPLOYEES SHALL NOTIFY THEIR EMPLOYER AS SOON AS POSSIBLE ABOUT
SUCH ONSET AND A PREVENTATIVE BREAK SHALL BE OFFERED TO SUCH EMPLOYEES.
SUCH PREVENTATIVE BREAK MAY INCLUDE ACCESS TO SHADE. AN INDIVIDUAL
EMPLOYEE WHO TAKES A PREVENTATIVE BREAK:
(I) SHALL BE MONITORED AND ASKED IF THEY ARE EXPERIENCING SYMPTOMS OF
HEAT ILLNESS;
(II) SHALL BE ENCOURAGED TO REMAIN IN THE SHADE, WHERE APPLICABLE
UNDER SUBDIVISION THREE OF THIS SECTION; AND
A. 8935--A 4
(III) 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 SHADE WHERE APPLICABLE.
(B) WITH RESPECT TO OUTDOOR SITES, WHERE THE TEMPERATURE REACHES OR
EXCEEDS NINETY-FIVE DEGREES FAHRENHEIT, THE EMPLOYER SHALL ALLOW AND
ENCOURAGE EMPLOYEES TO TAKE A MINIMUM TEN MINUTE PREVENTATIVE COOL-DOWN
REST PERIOD EVERY TWO HOURS.
(C) PREVENTATIVE BREAKS SHALL NOT AFFECT ANY JOB QUOTA SET BY EMPLOY-
ERS; SUCH QUOTAS SHALL BE ADJUSTED TO ACCOMMODATE FOR PREVENTATIVE
BREAKS AND NO EMPLOYEE SHALL BE FACED WITH UNLAWFUL RETALIATION, PURSU-
ANT TO SECTION SEVEN HUNDRED FORTY-SEVEN OF THIS ARTICLE, AS A RESULT OF
DIMINISHED JOB QUOTAS.
5. PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
SARY PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND TEMPERATURES
AT OR EXCEEDING THE HEAT STRESS THRESHOLDS TO THE EXTENT PRACTICABLE.
THIS MAY INCLUDE, BUT IS NOT LIMITED TO:
(A) FANS, IF POSSIBLE;
(B) AIR-CONDITIONING, WHICH SHALL BE MANDATED IN ALL DELIVERY VEHICLES
AND WAREHOUSES IN AN INDUSTRY IDENTIFIED IN THIS ARTICLE; AND
(C) ANYTHING ADDITIONAL DEEMED NECESSARY BY THE DEPARTMENT TO COMBAT
EXTREME HEAT.
6. VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
WORKPLACE OR EMPLOYER PROVIDED VEHICLES EACH DAY OR WHOSE WORKSITE IS
CONSIDERED AN EMPLOYER PROVIDED VEHICLE SHALL HAVE ADEQUATE AIR-CONDI-
TIONING AVAILABLE INSIDE SUCH VEHICLE.
§ 745. COLD PROTECTION STANDARDS. THE EMPLOYER SHALL FULFILL THE
FOLLOWING REQUIREMENTS WHEN EMPLOYEES ARE IN AN OUTDOOR OR INDOOR WORK-
SITE AND EXPERIENCING CONDITIONS AT OR EXCEEDING A COLD STRESS THRESH-
OLD:
1. ACCESS TO HYDRATION. THE EMPLOYER SHALL PROVIDE ACCESS TO POTABLE
DRINKING WATER FROM A SANITARY SOURCE AND KEPT AT SIXTY DEGREES OR COOL-
ER AT NO COST TO THE EMPLOYEE. THE WATER SHALL BE LOCATED AS CLOSE AS
PRACTICABLE TO, BUT NO MORE THAN A QUARTER MILE FROM, THE AREAS WHERE
EMPLOYEES ARE WORKING. WATER SHALL BE PROVIDED AT THE BEGINNING OF THE
WORK SHIFT TO PROVIDE ONE QUART PER EMPLOYEE PER HOUR FOR DRINKING FOR
THE ENTIRE SHIFT; PROVIDED, HOWEVER, THAT AN EMPLOYER MAY BEGIN THE
SHIFT WITH SMALLER QUANTITIES OF WATER WHERE SUCH EMPLOYER HAS EFFECTIVE
PROCEDURES FOR REPLENISHMENT DURING THE SHIFT AS NEEDED TO ALLOW EMPLOY-
EES TO DRINK ONE QUART OR MORE PER HOUR.
2. MEDICAL MONITORING. EMPLOYERS SHALL CLOSELY MONITOR TEMPERATURES
AND IMPLEMENT THEIR WORKPLACE COLD STRESS PLAN. IF AN EMPLOYEE EXHIBITS
SIGNS OR REPORTS SYMPTOMS OF COLD ILLNESS WHILE TAKING A PREVENTATIVE
BREAK PURSUANT TO SUBDIVISION FOUR OF THIS SECTION, OR AT ANY OTHER
TIME, THE EMPLOYER SHALL MAKE A REASONABLE EFFORT TO PROVIDE THE WORKER
WITH ACCESS TO FIRST AID OR OTHER TREATMENT.
3. ACCESS TO WARMTH. (A) WITH RESPECT TO OUTDOOR SITES, A HEATED
INDOOR AREA SHALL BE MADE AVAILABLE WHILE EMPLOYEES ARE PRESENT WHEN THE
TEMPERATURE IS SIXTY DEGREES FAHRENHEIT OR BELOW. THE TEMPERATURE OF
SUCH HEATED INDOOR AREA SHALL FALL BETWEEN SIXTY-EIGHT AND SEVENTY-FIVE
DEGREES FAHRENHEIT AND SHALL BE AS CLOSE TO THE WORKSITE AS REASONABLY
POSSIBLE. THE HEATED INDOOR AREA SHALL BE AT LEAST LARGE ENOUGH TO
ACCOMMODATE THE NUMBER OF EMPLOYEES ON PREVENTATIVE BREAKS, SO THAT THEY
CAN SIT IN A NORMAL POSTURE FULLY IN THE HEATED INDOOR AREA WITH AT
LEAST FOUR SQUARE FEET PER RESTING EMPLOYEE.
(B) WHERE THE EMPLOYER CAN DEMONSTRATE THAT IT IS INFEASIBLE OR UNSAFE
TO HAVE A HEATED INDOOR AREA, OR OTHERWISE TO HAVE A HEATED AREA AVAIL-
A. 8935--A 5
ABLE ON A CONTINUOUS BASIS, THE EMPLOYER MAY UTILIZE ALTERNATIVE PROCE-
DURES FOR PROVIDING ACCESS TO WARMTH IF THE ALTERNATIVE PROCEDURES
PROVIDE EQUIVALENT PROTECTION.
4. PREVENTATIVE BREAKS. (A) EMPLOYEES SHALL BE ALLOWED AND ENCOURAGED
TO TAKE PAID PREVENTATIVE BREAKS WHEN THEY FEEL THE ONSET OF COLD
ILLNESS. EMPLOYEES SHALL NOTIFY THEIR EMPLOYER AS SOON AS POSSIBLE ABOUT
SUCH ONSET AND A PREVENTATIVE BREAK SHALL BE OFFERED TO SUCH EMPLOYEES.
SUCH PREVENTATIVE BREAK MAY INCLUDE ACCESS TO WARMTH. AN INDIVIDUAL
EMPLOYEE WHO TAKES A PREVENTATIVE BREAK:
(I) SHALL BE MONITORED AND ASKED IF THEY ARE EXPERIENCING SYMPTOMS OF
COLD ILLNESS;
(II) SHALL BE ENCOURAGED TO REMAIN IN THE WARMTH, WHERE APPLICABLE
UNDER SUBDIVISION THREE OF THIS SECTION; AND
(III) SHALL NOT BE ORDERED BACK TO WORK UNTIL ANY SIGNS OR SYMPTOMS OF
COLD ILLNESS HAVE ABATED, BUT IN NO EVENT, LESS THAN FIVE MINUTES IN
ADDITION TO THE TIME NEEDED TO ACCESS WARMTH WHERE APPLICABLE.
(B) WITH RESPECT TO OUTDOOR SITES, WHERE THE TEMPERATURE REACHES BELOW
TWENTY DEGREES FAHRENHEIT, THE EMPLOYER SHALL ALLOW AND ENCOURAGE
EMPLOYEES TO TAKE A MINIMUM TEN MINUTE PREVENTATIVE REST PERIOD EVERY
TWO HOURS.
(C) PREVENTATIVE BREAKS SHALL NOT AFFECT ANY JOB QUOTA SET BY EMPLOY-
ERS; SUCH QUOTAS SHALL BE ADJUSTED TO ACCOMMODATE FOR PREVENTATIVE
BREAKS AND NO EMPLOYEE SHALL BE FACED WITH UNLAWFUL RETALIATION, PURSU-
ANT TO SECTION SEVEN HUNDRED FORTY-SEVEN OF THIS ARTICLE, AS A RESULT OF
DIMINISHED JOB QUOTAS.
5. PERSONAL PROTECTIVE EQUIPMENT. EMPLOYERS SHALL PROVIDE THE NECES-
SARY PROTECTIVE EQUIPMENT, GEAR, AND UNIFORMS TO WITHSTAND TEMPERATURES
AT OR BELOW THE COLD STRESS THRESHOLDS TO THE EXTENT PRACTICABLE. THIS
MAY INCLUDE, BUT IS NOT LIMITED TO:
(A) HEATING SYSTEMS, WHICH SHALL BE MANDATED IN ALL DELIVERY VEHICLES
AND WAREHOUSES IN AN INDUSTRY IDENTIFIED IN THIS ARTICLE; AND
(B) ANYTHING ADDITIONAL DEEMED NECESSARY BY THE DEPARTMENT TO COMBAT
EXTREME COLD.
6. VEHICLE STANDARDS. EMPLOYEES WHO SPEND MORE THAN SIXTY MINUTES IN
WORKPLACE OR EMPLOYER PROVIDED VEHICLES EACH DAY OR WHOSE WORKSITE IS
CONSIDERED AN EMPLOYER PROVIDED VEHICLE SHALL HAVE AN ADEQUATE HEATING
SYSTEM AVAILABLE INSIDE SUCH VEHICLE.
§ 746. EDUCATION AND TRAINING. 1. TRAINING. THE DEPARTMENT SHALL
CREATE A TRAINING CURRICULUM OUTLINING THE SIGNS OF HEAT ILLNESS AND THE
AVAILABLE MEDICAL RESPONSES. SUCH TRAINING SHALL BE ADMINISTERED BY THE
EMPLOYER AT TIME OF HIRING OR THE EMPLOYEE'S TRAINING FUND IF A MEMBER
OF ORGANIZED LABOR.
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 THE TWELVE MOST COMMON LANGUAGES
SPOKEN IN THE STATE REGARDING THE FOLLOWING:
(A) SIGNS OF HEAT ILLNESS;
(B) HEAT STRESS THRESHOLDS;
(C) EMPLOYER REQUIRED PROTECTIONS FROM HEAT STRESS THRESHOLDS;
(D) WHERE EMPLOYEES CAN REPORT AN EMPLOYER'S LACK OF ACCOMMODATION;
AND
(E) ANYTHING ELSE DEEMED NECESSARY BY THE DEPARTMENT.
3. UNLAWFUL RETALIATION. FOR THE PURPOSES OF THIS ARTICLE, THERE
SHALL BE A REBUTTABLE PRESUMPTION OF UNLAWFUL RETALIATION IF AN EMPLOYER
IN ANY MANNER DISCRIMINATES, RETALIATES, OR TAKES ANY ADVERSE ACTION
A. 8935--A 6
AGAINST ANY EMPLOYEE WITHIN NINETY DAYS OF THE EMPLOYEE INITIATING A
COMPLAINT PURSUANT TO THIS ARTICLE.
4. OUTREACH CAMPAIGN. THE DEPARTMENT SHALL ESTABLISH A STATEWIDE
OUTREACH CAMPAIGN TO EDUCATE EMPLOYEES ON THE HEAT ILLNESS STANDARDS
ESTABLISHED AND ENSURE THAT EMPLOYERS ARE PROVIDING ACCESS TO PROPER
SIGNAGE AND MATERIALS.
§ 747. ENFORCEMENT. THE DEPARTMENT SHALL PROMULGATE RULES AND REGU-
LATIONS TO REQUIRE THE FOLLOWING:
1. EVERY EMPLOYER IN A COVERED INDUSTRY SHALL COLLECT AND MAINTAIN
DATA AND RECORDS AS REQUIRED BY THE DEPARTMENT ON ALL HEAT-RELATED
ILLNESSES AND FATALITIES WHICH OCCUR AT AN OUTDOOR OR INDOOR WORKSITE.
2. EVERY EMPLOYER IN A COVERED INDUSTRY SHALL SUBMIT REPORTS OF THE
DATA COLLECTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION ANNUALLY TO
THE DEPARTMENT AND SUCH REPORTS SHALL BE PUBLISHED BY THE DEPARTMENT ON
A SEARCHABLE DATABASE. EMPLOYERS SHALL MAKE SUCH REPORTS AVAILABLE TO
ANY EMPLOYEE OR APPLICABLE LABOR ORGANIZATION UPON REQUEST WITHIN TEN
BUSINESS DAYS. AN EXTREME HEAT-RELATED FATALITY ON A CONSTRUCTION SITE
SHALL BE DEEMED A WORK-RELATED INJURY FOR THE PURPOSES OF REPORTING
PURSUANT TO SECTION FORTY-FOUR OF THIS CHAPTER.
3. EVERY EMPLOYER IN A COVERED INDUSTRY SHALL SUBMIT FOR APPROVAL A
WRITTEN PLAN ON HOW HEAT-RELATED STRESS WILL BE MITIGATED TO THE DEPART-
MENT. ONCE APPROVED BY THE DEPARTMENT, AN EMPLOYER SHALL PROVIDE SUCH
PLAN TO ALL EMPLOYEES AND APPLICABLE LABOR ORGANIZATIONS ON AN ANNUAL
BASIS.
4. EVERY EMPLOYER IN A COVERED INDUSTRY 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 IMPLEMENT HEAT PROTECTION STANDARDS AS
SET FORTH IN THIS ARTICLE. THE DEPARTMENT SHALL ADMINISTER NOTICE AND
COLLECT ALL FINES.
5. THE DEPARTMENT SHALL ESTABLISH A WORKER HOTLINE AND AN ONLINE FORM
WHERE EMPLOYEES CAN FILE COMPLAINTS WITH THE DEPARTMENT REGARDING HEAT
PROTECTION STANDARDS.
6. ANY OTHER REPORTING OR ENFORCEMENT PROTOCOLS NECESSARY TO ENSURE
THE PROTECTION OF WORKERS.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.